1     
JUVENILE JUSTICE AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill addresses provisions related to juvenile justice.
10     Highlighted Provisions:
11          This bill:
12          ▸     adds and modifies definitions;
13          ▸     amends provisions regarding offenses committed by minors on school property,
14     including requiring a referral to the Division of Juvenile Justice Services if a minor
15     refuses to participate in an evidence-based intervention;
16          ▸     amends a sunset date related to offenses committed by minors on school property;
17          ▸     clarifies a reporting requirement for the Division of Juvenile Justice Services;
18          ▸     defines the term "defendant" in Title 77, Chapter 38a, Crime Victims Restitution
19     Act, to exclude a minor who is adjudicated, or enters into a nonjudicial adjustment,
20     for any offense under Title 78A, Chapter 6, Juvenile Court Act;
21          ▸     amends and clarifies the jurisdiction of the juvenile court, district court, and justice
22     court regarding offenses committed by minors;
23          ▸     requires a peace officer to have probable cause in order to take a minor into custody;
24          ▸     requires a probable cause determination and detention hearing within 24 hours of a
25     minor being held for detention;
26          ▸     allows a court to order secure confinement for a minor if a minor's conduct resulted
27     in death;
28          ▸     requires a prosecutor or the court's probation department to notify a victim of the

29     restitution process;
30          ▸     requires a victim to provide the prosecutor with certain information for restitution;
31          ▸     amends the amount of time that restitution may be requested;
32          ▸     exempts certain offenses committed by a minor from the presumptive timeframes
33     for custody and supervision;
34          ▸     modifies the continuing jurisdiction of the juvenile court;
35          ▸     amends the exclusive jurisdiction of the district court over minors who committed
36     certain offenses;
37          ▸     amends requirements for minors who are charged in the district court for certain
38     offenses;
39          ▸     repeals the certification and transfer of minors who committed certain offenses to
40     the district court;
41          ▸     allows that a criminal information may be filed for minors who are 14 years old or
42     older and are alleged to have committed certain offenses;
43          ▸     requires a preliminary hearing before a juvenile court to determine whether a minor,
44     for which a criminal information or indictment has been filed, will be bound over to
45     the district court to be held for trial;
46          ▸     provides the requirements for binding a minor over to the district court;
47          ▸     provides the detention requirements for a minor who has been bound over to the
48     district court;
49          ▸     allows a juvenile court to extend continuing jurisdiction over a minor to the age of
50     25 years old if a minor is not bound over to the district court; and
51          ▸     makes technical and conforming changes.
52     Money Appropriated in this Bill:
53          None
54     Other Special Clauses:
55          This bill provides a special effective date.

56          This bill provides coordination clauses.
57     Utah Code Sections Affected:
58     AMENDS:
59          17-18a-404, as last amended by Laws of Utah 2017, Chapter 330
60          53-10-403, as last amended by Laws of Utah 2017, Chapter 289
61          53G-8-211, as last amended by Laws of Utah 2019, Chapter 293
62          62A-4a-201, as last amended by Laws of Utah 2019, Chapters 136, 335, and 388
63          62A-7-101, as last amended by Laws of Utah 2019, Chapters 162 and 246
64          62A-7-104, as last amended by Laws of Utah 2019, Chapter 246
65          62A-7-105.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
66          62A-7-107.5, as last amended by Laws of Utah 2017, Chapter 330
67          62A-7-108.5, as renumbered and amended by Laws of Utah 2005, Chapter 13
68          62A-7-109.5, as last amended by Laws of Utah 2017, Chapter 330
69          62A-7-111.5, as last amended by Laws of Utah 2007, Chapter 308
70          62A-7-113, as enacted by Laws of Utah 2019, Chapter 162
71          62A-7-201, as last amended by Laws of Utah 2019, Chapter 246
72          62A-7-401.5, as last amended by Laws of Utah 2019, Chapter 246
73          62A-7-402, as renumbered and amended by Laws of Utah 2005, Chapter 13
74          62A-7-403, as renumbered and amended by Laws of Utah 2005, Chapter 13
75          62A-7-501, as last amended by Laws of Utah 2019, Chapter 246
76          62A-7-502, as last amended by Laws of Utah 2019, Chapter 246
77          62A-7-504, as last amended by Laws of Utah 2017, Chapter 330
78          62A-7-505, as renumbered and amended by Laws of Utah 2005, Chapter 13
79          62A-7-506, as last amended by Laws of Utah 2019, Chapter 246
80          62A-7-507, as renumbered and amended by Laws of Utah 2005, Chapter 13
81          62A-7-701, as last amended by Laws of Utah 2019, Chapter 246
82          62A-7-702, as renumbered and amended by Laws of Utah 2005, Chapter 13

83          63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
84     325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
85     246
86          76-3-406, as last amended by Laws of Utah 2019, Chapter 189
87          76-5-401.3, as enacted by Laws of Utah 2017, Chapter 397
88          76-10-105 (Superseded 07/01/20), as last amended by Laws of Utah 2018, Chapter 415
89          76-10-105 (Effective 07/01/20), as last amended by Laws of Utah 2019, Chapter 232
90          76-10-1302, as last amended by Laws of Utah 2019, Chapters 26, 189, and 200
91          77-2-9, as last amended by Laws of Utah 2017, Chapter 397
92          77-38a-102, as last amended by Laws of Utah 2017, Chapter 304
93          77-38a-302, as last amended by Laws of Utah 2019, Chapter 171
94          77-38a-404, as last amended by Laws of Utah 2017, Chapter 304
95          78A-5-102, as last amended by Laws of Utah 2010, Chapter 34
96          78A-6-103, as last amended by Laws of Utah 2019, Chapter 300
97          78A-6-104, as last amended by Laws of Utah 2019, Chapter 188
98          78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
99          78A-6-108, as renumbered and amended by Laws of Utah 2008, Chapter 3
100          78A-6-112, as last amended by Laws of Utah 2018, Chapter 415
101          78A-6-113, as last amended by Laws of Utah 2018, Chapter 285
102          78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
103          78A-6-117, as last amended by Laws of Utah 2019, Chapters 162 and 335
104          78A-6-118, as last amended by Laws of Utah 2017, Chapter 330
105          78A-6-120, as last amended by Laws of Utah 2017, Chapter 330
106          78A-6-306, as last amended by Laws of Utah 2019, Chapters 136, 326, and 335
107          78A-6-312, as last amended by Laws of Utah 2019, Chapters 136, 335, and 388
108          78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
109          78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415

110          78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
111          78A-6-704, as renumbered and amended by Laws of Utah 2008, Chapter 3
112          78A-6-705, as enacted by Laws of Utah 2015, Chapter 338
113          78A-6-1107, as renumbered and amended by Laws of Utah 2008, Chapter 3
114          78A-6-1108, as last amended by Laws of Utah 2011, Chapter 208
115          78A-7-106, as last amended by Laws of Utah 2019, Chapter 136
116          78B-6-105, as last amended by Laws of Utah 2013, Chapter 458
117     ENACTS:
118          62A-7-404.5, Utah Code Annotated 1953
119          78A-6-703.1, Utah Code Annotated 1953
120          78A-6-703.2, Utah Code Annotated 1953
121          78A-6-703.3, Utah Code Annotated 1953
122          78A-6-703.4, Utah Code Annotated 1953
123          78A-6-703.5, Utah Code Annotated 1953
124          78A-6-703.6, Utah Code Annotated 1953
125     REPEALS AND REENACTS:
126          62A-7-404, as last amended by Laws of Utah 2017, Chapter 330
127     REPEALS:
128          78A-6-701, as last amended by Laws of Utah 2017, Chapter 330
129          78A-6-702, as last amended by Laws of Utah 2015, Chapter 338
130          78A-6-703, as last amended by Laws of Utah 2019, Chapter 326
131     Utah Code Sections Affected by Coordination Clause:
132          76-10-105, as last amended by Laws of Utah 2019, Chapter 232
133          76-10-1302, as last amended by Laws of Utah 2019, Chapters 26, 189, and 200
134          78A-6-105, as last amended by Laws of Utah 2019, Chapters 335 and 388
135          78A-6-116, as last amended by Laws of Utah 2010, Chapter 38
136          78A-6-117, as last amended by Laws of Utah 2019, Chapters 162 and 335

137          78A-6-601, as last amended by Laws of Utah 2010, Chapter 38
138          78A-6-602, as last amended by Laws of Utah 2018, Chapters 117 and 415
139          78A-6-602.5, Utah Code Annotated 1953
140          78A-6-603, as last amended by Laws of Utah 2018, Chapters 117 and 415
141     

142     Be it enacted by the Legislature of the state of Utah:
143          Section 1. Section 17-18a-404 is amended to read:
144          17-18a-404. Juvenile proceedings.
145          For a proceeding involving [a charge of juvenile delinquency, infraction, or a status
146     offense] an offense committed by a minor as defined in Section 78A-6-105, a prosecutor shall:
147          (1) review cases pursuant to Section 78A-6-602; and
148          (2) appear and prosecute for the state in the juvenile court of the county.
149          Section 2. Section 53-10-403 is amended to read:
150          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
151          (1) Sections 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to any person
152     who:
153          (a) has pled guilty to or has been convicted of any of the offenses under Subsection
154     (2)(a) or (b) on or after July 1, 2002;
155          (b) has pled guilty to or has been convicted by any other state or by the United States
156     government of an offense which if committed in this state would be punishable as one or more
157     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
158          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
159     offense under Subsection (2)(c);
160          (d) has been booked:
161          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
162     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
163          (ii) on or after January 1, 2015, for any felony offense; or

164          (e) is a minor under Subsection (3).
165          (2) Offenses referred to in Subsection (1) are:
166          (a) any felony or class A misdemeanor under the Utah Code;
167          (b) any offense under Subsection (2)(a):
168          (i) for which the court enters a judgment for conviction to a lower degree of offense
169     under Section 76-3-402; or
170          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
171     defined in Section 77-2a-1; or
172          (c) (i) any violent felony as defined in Section 53-10-403.5;
173          (ii) sale or use of body parts, Section 26-28-116;
174          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
175          (iv) driving with any amount of a controlled substance in a person's body and causing
176     serious bodily injury or death, Subsection 58-37-8(2)(g);
177          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
178          (vi) a felony violation of propelling a substance or object at a correctional officer, a
179     peace officer, or an employee or a volunteer, including health care providers, Section
180     76-5-102.6;
181          (vii) aggravated human trafficking and aggravated human smuggling, Section
182     76-5-310;
183          (viii) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
184          (ix) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
185          (x) unlawful sexual contact with a 16 or 17-year old, Section 76-5-401.2;
186          (xi) sale of a child, Section 76-7-203;
187          (xii) aggravated escape, Subsection 76-8-309(2);
188          (xiii) a felony violation of assault on an elected official, Section 76-8-315;
189          (xiv) influencing, impeding, or retaliating against a judge or member of the Board of
190     Pardons and Parole, Section 76-8-316;

191          (xv) advocating criminal syndicalism or sabotage, Section 76-8-902;
192          (xvi) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
193          (xvii) a felony violation of sexual battery, Section 76-9-702.1;
194          (xviii) a felony violation of lewdness involving a child, Section 76-9-702.5;
195          (xix) a felony violation of abuse or desecration of a dead human body, Section
196     76-9-704;
197          (xx) manufacture, possession, sale, or use of a weapon of mass destruction, Section
198     76-10-402;
199          (xxi) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
200     Section 76-10-403;
201          (xxii) possession of a concealed firearm in the commission of a violent felony,
202     Subsection 76-10-504(4);
203          (xxiii) assault with the intent to commit bus hijacking with a dangerous weapon,
204     Subsection 76-10-1504(3);
205          (xxiv) commercial obstruction, Subsection 76-10-2402(2);
206          (xxv) a felony violation of failure to register as a sex or kidnap offender, Section
207     77-41-107;
208          (xxvi) repeat violation of a protective order, Subsection 77-36-1.1(2)(c); or
209          (xxvii) violation of condition for release after arrest under Section 77-20-3.5 .
210          (3) A minor under Subsection (1) is a minor 14 years [of age] old or older [whom a
211     Utah court has] who is adjudicated [to be within the jurisdiction of] by the juvenile court due to
212     the commission of any offense described in Subsection (2), and who [is]:
213          (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
214     court on or after July 1, 2002 [for an offense under Subsection (2)]; or
215          (b) is in the legal custody of the Division of Juvenile Justice Services on or after July 1,
216     2002, for an offense under Subsection (2).
217          Section 3. Section 53G-8-211 is amended to read:

218          53G-8-211. Responses to school-based behavior.
219          (1) As used in this section:
220          (a) "Evidence-based" means a program or practice that has:
221          (i) had multiple randomized control studies or a meta-analysis demonstrating that the
222     program or practice is effective for a specific population;
223          (ii) been rated as effective by a standardized program evaluation tool; or
224          (iii) been approved by the state board.
225          (b) "Minor" means the same as that term is defined in Section 78A-6-105.
226          [(b)] (c) "Mobile crisis outreach team" means the same as that term is defined in
227     Section 78A-6-105.
228          (d) "Prosecuting attorney" means the same as that term is defined in Subsections
229     78A-6-105(b) and (c).
230          [(c)] (e) "Restorative justice program" means a school-based program or a program
231     used or adopted by a local education agency that is designed:
232          (i) to enhance school safety, reduce school suspensions, and limit referrals [to court,
233     and is designed] to law enforcement agencies and courts; and
234          (ii) to help minors take responsibility for and repair [the harm of] harmful behavior that
235     occurs in school.
236          [(d)] (f) "School administrator" means a principal of a school.
237          [(e)] (g) "School is in session" means a day during which the school conducts
238     instruction for which student attendance is counted toward calculating average daily
239     membership.
240          [(f)] (h) "School resource officer" means a law enforcement officer, as defined in
241     Section 53-13-103, who contracts with, is employed by, or whose law enforcement agency
242     contracts with a local education agency to provide law enforcement services for the local
243     education agency.
244          [(g)] (i) (i) "School-sponsored activity" means an activity, fundraising event, club,

245     camp, clinic, or other event or activity that is authorized by a specific local education agency or
246     public school, according to LEA governing board policy, and satisfies at least one of the
247     following conditions:
248          (A) the activity is managed or supervised by a local education agency or public school,
249     or local education agency or public school employee;
250          (B) the activity uses the local education [agency] agency's or public school's facilities,
251     equipment, or other school resources; or
252          (C) the activity is supported or subsidized, more than inconsequentially, by public
253     funds, including the public school's activity funds or Minimum School Program dollars.
254          (ii) "School-sponsored activity" includes preparation for and involvement in a public
255     performance, contest, athletic competition, demonstration, display, or club activity.
256          [(h)] (j) (i) "Status offense" means [a violation of the law] an offense that would not be
257     [a violation] an offense but for the age of the offender.
258          (ii) [Notwithstanding Subsection (1)(h)(i), a status offense does not include a violation]
259     "Status offense" does not mean an offense that by statute is [made] a misdemeanor or felony.
260          (2) This section applies to a minor enrolled in school who is alleged to have committed
261     an offense at the school where the student is enrolled:
262          (a) on school property where the student is enrolled:
263          (i) when school is in session; or
264          (ii) during a school-sponsored activity; or
265          (b) that is truancy.
266          (3) (a) [If the] Except as provided in Subsections (3)(e) and (5), if a minor is alleged to
267     have committed an offense that is a class C misdemeanor, an infraction, a status offense on
268     school property, or an offense that is truancy[, the minor may not be referred to law
269     enforcement or court but may be referred]:
270          (i) a school district or school may not refer the minor to a law enforcement officer or
271     agency or a court; and

272          (ii) a law enforcement officer or agency may not refer the minor to a prosecuting
273     attorney or a court.
274          (b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
275     offense that is a class C misdemeanor, an infraction, a status offense on school property, or an
276     offense that is truancy, a school district, school, or law enforcement officer or agency may refer
277     the minor to evidence-based alternative interventions, including:
278          (i) a mobile crisis outreach team, as defined in Section 78A-6-105;
279          (ii) a [receiving] youth services center operated by the Division of Juvenile Justice
280     Services in accordance with Section 62A-7-104;
281          (iii) a youth court or comparable restorative justice program;
282          (iv) evidence-based interventions created and developed by the school or school
283     district; and
284          (v) other evidence-based interventions that may be jointly created and developed by a
285     local education agency, the state board, the juvenile court, local counties and municipalities,
286     the Department of Health, or the Department of Human Services.
287          [(b)] (c) Notwithstanding Subsection (3)(a), a school resource officer may:
288          (i) investigate possible criminal offenses and conduct, including conducting probable
289     cause searches;
290          (ii) consult with school administration about the conduct of a minor enrolled in a
291     school;
292          (iii) transport a minor enrolled in a school to a location if the location is permitted by
293     law;
294          (iv) take temporary custody of a minor [pursuant to] in accordance with Subsection
295     78A-6-112(1); or
296          (v) protect the safety of students and the school community, including the use of
297     reasonable and necessary physical force when appropriate based on the totality of the
298     circumstances.

299          [(c)] (d) Notwithstanding other provisions of this section, if a law enforcement officer
300     [who] has cause to believe a minor has committed an offense on school property when school
301     is not in session [nor] and not during a school-sponsored activity, the law enforcement officer
302     may refer the minor to:
303          (i) a prosecuting attorney or a court; or [may refer the minor to]
304          (ii) evidence-based alternative interventions at the discretion of the law enforcement
305     officer.
306          (e) If a minor is alleged to have committed a traffic offense that is an infraction, a
307     school district, a school, or a law enforcement officer or agency may refer the minor to a
308     prosecuting attorney or a court for the traffic offense.
309          [(4) (a) Notwithstanding Subsection (3)(a) and subject to the requirements of this
310     Subsection (4), a]
311          (4) A school district or school [may] shall refer a minor [to court] for prevention and
312     early intervention youth services, as described in Section 62A-7-104, by the Division of
313     Juvenile Justice Services for a class C misdemeanor committed on school property or for being
314     a habitual truant, as defined in Section 53G-6-201, if the minor refuses to participate in an
315     evidence-based alternative intervention described in Subsection (3)[(a)](b).
316          (5) A school district or school may refer a minor to a court or a law enforcement officer
317     or agency for an alleged class C misdemeanor committed on school property or for allegedly
318     being a habitual truant, as defined in Section 53G-6-201, if the minor:
319          (a) refuses to participate in an evidence-based alternative intervention under Subsection
320     (3)(b); and
321          (b) fails to participate in prevention and early intervention youth services provided by
322     the Division of Juvenile Justice Services under Subsection (4).
323          [(b) (i) When] (6) (a) If a minor is referred to a court or a law enforcement officer or
324     agency under Subsection [(4)(a)] (5), the school shall appoint a school representative to
325     continue to engage with the minor and the minor's family through the court process.

326          [(ii)] (b) A school representative appointed under [this] Subsection [(4)(b)] (6)(a) may
327     not be a school resource officer.
328          (c) A school district or school shall include the following in [its] the school district's or
329     school's referral to the court or the law enforcement officer or agency:
330          (i) attendance records for the minor;
331          (ii) a report of evidence-based alternative interventions used by the school before the
332     referral, including outcomes;
333          (iii) the name and contact information of the school representative assigned to actively
334     participate in the court process with the minor and the minor's family; [and]
335          (iv) a report from the Division of Juvenile Justice Services that demonstrates the
336     minor's failure to complete or participate in prevention and early intervention youth services
337     under Subsection (4); and
338          [(iv)] (v) any other information that the school district or school considers relevant.
339          (d) A minor referred to a court under [this Subsection (4),] Subsection (5) may not be
340     ordered to or placed in secure detention, including for a contempt charge or violation of a valid
341     court order under Section 78A-6-1101, when the underlying offense is a class C misdemeanor
342     occurring on school property or habitual truancy.
343          (e) If a minor is referred to a court under [this Subsection (4)] Subsection (5), the court
344     may use, when available, the resources of the Division of Juvenile Justice Services or the
345     Division of Substance Abuse and Mental Health to address the minor.
346          [(5)] (7) If the alleged offense is a class B misdemeanor or a class A misdemeanor, [the
347     minor may be referred directly to the juvenile court by] the school administrator, the school
348     administrator's designee, or a school resource officer[, or the minor may be referred] may refer
349     the minor directly to a juvenile court or to the evidence-based alternative interventions in
350     Subsection (3)[(a)](b).
351          Section 4. Section 62A-4a-201 is amended to read:
352          62A-4a-201. Rights of parents -- Children's rights -- Interest and responsibility of

353     state.
354          (1) (a) Under both the United States Constitution and the constitution of this state, a
355     parent possesses a fundamental liberty interest in the care, custody, and management of the
356     parent's children. A fundamentally fair process must be provided to parents if the state moves
357     to challenge or interfere with parental rights. A governmental entity must support any actions
358     or allegations made in opposition to the rights and desires of a parent regarding the parent's
359     children by sufficient evidence to satisfy a parent's constitutional entitlement to heightened
360     protection against government interference with the parent's fundamental rights and liberty
361     interests and, concomitantly, the right of the child to be reared by the child's natural parent.
362          (b) The fundamental liberty interest of a parent concerning the care, custody, and
363     management of the parent's children is recognized, protected, and does not cease to exist
364     simply because a parent may fail to be a model parent or because the parent's child is placed in
365     the temporary custody of the state. At all times, a parent retains a vital interest in preventing
366     the irretrievable destruction of family life. Prior to an adjudication of unfitness, government
367     action in relation to parents and their children may not exceed the least restrictive means or
368     alternatives available to accomplish a compelling state interest. Until the state proves parental
369     unfitness, and the child suffers, or is substantially likely to suffer, serious detriment as a result,
370     the child and the child's parents share a vital interest in preventing erroneous termination of
371     their natural relationship and the state cannot presume that a child and the child's parents are
372     adversaries.
373          (c) It is in the best interest and welfare of a child to be raised under the care and
374     supervision of the child's natural parents. A child's need for a normal family life in a
375     permanent home, and for positive, nurturing family relationships is usually best met by the
376     child's natural parents. Additionally, the integrity of the family unit and the right of parents to
377     conceive and raise their children are constitutionally protected. The right of a fit, competent
378     parent to raise the parent's child without undue government interference is a fundamental
379     liberty interest that has long been protected by the laws and Constitution and is a fundamental

380     public policy of this state.
381          (d) The state recognizes that:
382          (i) a parent has the right, obligation, responsibility, and authority to raise, manage,
383     train, educate, provide and care for, and reasonably discipline the parent's children; and
384          (ii) the state's role is secondary and supportive to the primary role of a parent.
385          (e) It is the public policy of this state that parents retain the fundamental right and duty
386     to exercise primary control over the care, supervision, upbringing, and education of their
387     children.
388          (f) Subsections (2) through (7) shall be interpreted and applied consistent with this
389     Subsection (1).
390          (2) It is also the public policy of this state that children have the right to protection
391     from abuse and neglect, and that the state retains a compelling interest in investigating,
392     prosecuting, and punishing abuse and neglect, as defined in this chapter, and in Title 78A,
393     Chapter 6, Juvenile Court Act. Therefore, the state, as parens patriae, has an interest in and
394     responsibility to protect children whose parents abuse them or do not adequately provide for
395     their welfare. There may be circumstances where a parent's conduct or condition is a
396     substantial departure from the norm and the parent is unable or unwilling to render safe and
397     proper parental care and protection. Under those circumstances, the state may take action for
398     the welfare and protection of the parent's children.
399          (3) When the division intervenes on behalf of an abused, neglected, or dependent child,
400     it shall take into account the child's need for protection from immediate harm and the extent to
401     which the child's extended family may provide needed protection. Throughout its involvement,
402     the division shall utilize the least intrusive and least restrictive means available to protect a
403     child, in an effort to ensure that children are brought up in stable, permanent families, rather
404     than in temporary foster placements under the supervision of the state.
405          (4) When circumstances within the family pose a threat to the child's immediate safety
406     or welfare, the division may seek custody of the child for a planned, temporary period and

407     place the child in a safe environment, subject to the requirements of this section and in
408     accordance with the requirements of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
409     Dependency Proceedings, and:
410          (a) when safe and appropriate, return the child to the child's parent; or
411          (b) as a last resort, pursue another permanency plan.
412          (5) In determining and making "reasonable efforts" with regard to a child, pursuant to
413     the provisions of Section 62A-4a-203, both the division's and the court's paramount concern
414     shall be the child's health, safety, and welfare. The desires of a parent for the parent's child,
415     and the constitutionally protected rights of a parent, as described in this section, shall be given
416     full and serious consideration by the division and the court.
417          (6) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
418     abuse, or severe neglect are established, the state has no duty to make "reasonable efforts" or
419     to, in any other way, attempt to maintain a child in the child's home, provide reunification
420     services, or to attempt to rehabilitate the offending parent or parents. This Subsection (6) does
421     not exempt the division from providing court-ordered services.
422          (7) (a) In accordance with Subsection (1), the division shall strive to achieve
423     appropriate permanency for children who are abused, neglected, or dependent. The division
424     shall provide in-home services, where appropriate and safe, in an effort to help a parent to
425     correct the behavior that resulted in abuse, neglect, or dependency of the parent's child. The
426     division may pursue a foster placement only if in-home services fail or are otherwise
427     insufficient or inappropriate, kinship placement is not safe or appropriate, or in-home services
428     and kinship placement fail and cannot be corrected. The division shall also seek qualified
429     extended family support or a kinship placement to maintain a sense of security and stability for
430     the child.
431          (b) If the use or continuation of "reasonable efforts," as described in Subsections (5)
432     and (6), is determined to be inconsistent with the permanency plan for a child, then measures
433     shall be taken, in a timely manner, to place the child in accordance with the permanency plan,

434     and to complete whatever steps are necessary to finalize the permanent placement of the child.
435          (c) Subject to the parental rights recognized and protected under this section, if,
436     because of a parent's conduct or condition, the parent is determined to be unfit or incompetent
437     based on the grounds for termination of parental rights described in Title 78A, Chapter 6, Part
438     5, Termination of Parental Rights Act, the continuing welfare and best interest of the child is of
439     paramount importance, and shall be protected in determining whether that parent's rights
440     should be terminated.
441          (8) The state's right to direct or intervene in the provision of medical or mental health
442     care for a child is subject to Subsections 78A-6-105[(39)](40)(b)(i) through (iii) and
443     78A-6-117(2) and Section 78A-6-301.5.
444          Section 5. Section 62A-7-101 is amended to read:
445          62A-7-101. Definitions.
446          As used in this chapter:
447          (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
448     Section 62A-7-112.
449          (2) (a) "Adult" means an individual who is 18 years old or older.
450          (b) "Adult" does not include a juvenile offender.
451          [(2)] (3) "Authority" means the Youth Parole Authority, established in accordance with
452     Section 62A-7-501.
453          (4) "Child" means an individual who is under 18 years old.
454          (5) "Commission" means the State Commission on Criminal and Juvenile Justice
455     created in Section 63M-7-201.
456          [(3)] (6) "Community-based program" means a nonsecure residential or nonresidential
457     program designated to supervise and rehabilitate youth offenders in accordance with
458     Subsection 78A-6-117(2) that prioritizes the least restrictive nonresidential setting, consistent
459     with public safety, and designated or operated by or under contract with the division.
460          [(4)] (7) "Control" means the authority to detain, restrict, and supervise a youth in a

461     manner consistent with public safety and the well being of the youth and division employees.
462          (8) "Correctional facility" means:
463          (a) a county jail; or
464          (b) a secure correctional facility as defined in Section 64-13-1.
465          [(5)] (9) "Court" means the juvenile court.
466          [(6)] (10) "Delinquent act" is an act [which] that would constitute a felony or a
467     misdemeanor if committed by an adult.
468          [(7)] (11) "Detention" means secure detention or home detention.
469          [(8)] (12) "Detention center" means a facility established in accordance with Title 62A,
470     Chapter 7, Part 2, Detention Facilities.
471          [(9)] (13) "Director" means the director of the Division of Juvenile Justice Services.
472          [(10)] (14) "Discharge" means a written order of the Youth Parole Authority that
473     removes a [youth] juvenile offender from [its] the Youth Parole Authority's jurisdiction.
474          [(11)] (15) "Division" means the Division of Juvenile Justice Services.
475          [(12)] (16) "Home detention" means predispositional placement of a child in the child's
476     home or a surrogate home with the consent of the child's parent, guardian, or custodian for
477     conduct by a child who is alleged to have committed a delinquent act or postdispositional
478     placement [pursuant to] in accordance with Subsection 78A-6-117(2)(f) or 78A-6-1101(3).
479          [(13)] (17) "Observation and assessment program" means a nonresidential service
480     program operated or purchased by the division that is responsible only for diagnostic
481     assessment of minors, including for substance use disorder, mental health, psychological, and
482     sexual behavior risk assessments.
483          (18) "Juvenile offender" means:
484          (a) a serious youth offender; or
485          (b) a youth offender.
486          [(14)] (19) "Parole" means a conditional release of a [youth] juvenile offender from
487     residency in a secure facility to live outside that facility under the supervision of the Division

488     of Juvenile Justice Services or other person designated by the division.
489          [(15)] (20) "Performance-based contracting" means a system of contracting with
490     service providers for the provision of residential or nonresidential services that:
491          (a) provides incentives for the implementation of evidence-based juvenile justice
492     programs or programs rated as effective for reducing recidivism by a standardized tool pursuant
493     to Section 63M-7-208; and
494          (b) provides a premium rate allocation for a minor who receives the evidence-based
495     dosage of treatment and successfully completes the program within three months.
496          [(16)] (21) "Receiving center" means a nonsecure, nonresidential program established
497     by the division, or under contract with the division, that is responsible for juveniles taken into
498     custody by a law enforcement officer for status offenses, infractions, or delinquent acts.
499          [(17)] (22) "Rescission" means a written order of the Youth Parole Authority that
500     rescinds a parole date.
501          [(18)] (23) "Revocation of parole" means a written order of the Youth Parole Authority
502     that terminates parole supervision of a [youth] juvenile offender and directs return of the youth
503     offender to the custody of a secure facility after a hearing and a determination that there has
504     been a violation of law or of a condition of parole that warrants a return to a secure facility in
505     accordance with Section 62A-7-504.
506          [(19)] (24) "Runaway" means a youth who willfully leaves the residence of a parent or
507     guardian without the permission of the parent or guardian.
508          [(20)] (25) "Secure detention" means predisposition placement in a facility operated by
509     or under contract with the division, for conduct by a child who is alleged to have committed a
510     delinquent act.
511          [(21)] (26) "Secure facility" means any facility operated by or under contract with the
512     division, that provides 24-hour supervision and confinement for [youth] juvenile offenders
513     committed to the division for custody and rehabilitation.
514          (27) "Serious youth offender" means an individual who:

515          (a) is at least 14 years old, but under 25 years old;
516          (b) committed a felony listed in Subsection 78A-6-703.3(1) and the continuing
517     jurisdiction of the court was extended over the individual's case until the individual was 25
518     years old in accordance with Section 78A-6-703.4; and
519          (c) is committed or admitted by the court to the custody, care, and jurisdiction of the
520     division for confinement in a secure facility or supervision in the community, following an
521     adjudication for a delinquent act in accordance with Section 78A-6-117.
522          [(22)] (28) "Shelter" means the temporary care of [children] a child in a physically
523     unrestricted [facilities] facility pending court disposition or transfer to another jurisdiction.
524          [(23)] (29) (a) "Temporary custody" means control and responsibility of
525     nonadjudicated youth until the youth can be released to the parent, guardian, a responsible
526     adult, or to an appropriate agency.
527          (b) "Temporary custody" does not include a placement in a secure facility, including
528     secure detention, or a residential community-based program operated or contracted by the
529     division, except [pursuant to] in accordance with Subsection 78A-6-117(2).
530          [(24)] (30) "Termination" means a written order of the Youth Parole Authority that
531     terminates a [youth] juvenile offender from parole.
532          [(25)] (31) "Ungovernable" means a youth in conflict with a parent or guardian, and the
533     conflict:
534          (a) results in behavior that is beyond the control or ability of the youth, or the parent or
535     guardian, to manage effectively;
536          (b) poses a threat to the safety or well-being of the youth, the family, or others; or
537          (c) results in the situations described in [both] Subsections [(25)] (31)(a) and (b).
538          [(26)] (32) "Work program" means a nonresidential public or private service work
539     project established and administered by the division for [youth] juvenile offenders for the
540     purpose of rehabilitation, education, and restitution to victims.
541          [(27)] (33) "Youth offender" means [a person 12 years of age or older, and who has not

542     reached 21 years of age,] an individual who is:
543          (a) at least 12 years old, but under 21 years old; and
544          (b) committed or admitted by the [juvenile] court to the custody, care, and jurisdiction
545     of the division[,] for confinement in a secure facility or supervision in the community,
546     following an adjudication for a delinquent act [which would constitute a felony or
547     misdemeanor if committed by an adult] in accordance with Section 78A-6-117.
548          [(28)] (34) (a) "Youth services" means services provided in an effort to resolve family
549     conflict:
550          (i) for families in crisis when a minor is ungovernable or runaway; or
551          (ii) involving a minor and the minor's parent or guardian.
552          (b) [These services] "Youth services" include efforts to:
553          (i) resolve family conflict;
554          (ii) maintain or reunite minors with their families; and
555          (iii) divert minors from entering or escalating in the juvenile justice system.
556          (c) [The services] "Youth services" may provide:
557          (i) crisis intervention;
558          (ii) short-term shelter;
559          (iii) time out placement; and
560          (iv) family counseling.
561          Section 6. Section 62A-7-104 is amended to read:
562          62A-7-104. Division responsibilities.
563          (1) The division is responsible for all [youth] juvenile offenders committed to the
564     division by juvenile courts for secure confinement or supervision and treatment in the
565     community in accordance with Section 78A-6-117.
566          (2) The division shall:
567          (a) establish and administer a continuum of community, secure, and nonsecure
568     programs for all [youth] juvenile offenders committed to the division;

569          (b) establish and maintain all detention and secure facilities and set minimum standards
570     for those facilities;
571          (c) establish and operate prevention and early intervention youth services programs for
572     nonadjudicated youth placed with the division; and
573          (d) establish observation and assessment programs necessary to serve [youth] juvenile
574     offenders in a nonresidential setting under Subsection 78A-6-117(2)(e).
575          (3) The division shall place [youth] juvenile offenders committed to it in the most
576     appropriate program for supervision and treatment.
577          (4) (a) In [any] an order committing a [youth] juvenile offender to the division, the
578     [juvenile] court shall find whether the [youth] juvenile offender is being committed for secure
579     confinement under Subsection 78A-6-117(2)(c), or placement in a community-based program
580     under Subsection 78A-6-117(2)(c), and specify the criteria under Subsection 78A-6-117(2)(c)
581     or (d) underlying the commitment.
582          (b) The division shall place [the youth] a juvenile offender in the most appropriate
583     program within the category specified by the court.
584          (5) The division shall employ staff necessary to:
585          (a) supervise and control [youth] juvenile offenders in secure facilities or in the
586     community;
587          (b) supervise and coordinate treatment of [youth] juvenile offenders committed to the
588     division for placement in community-based programs; and
589          (c) control and supervise adjudicated and nonadjudicated youth placed with the
590     division for temporary services in receiving centers, youth services, and other programs
591     established by the division.
592          (6) (a) Youth in the custody or temporary custody of the division are controlled or
593     detained in a manner consistent with public safety and rules made by the division. In the event
594     of an unauthorized leave from a secure facility, detention center, community-based program,
595     receiving center, home, or any other designated placement, division employees have the

596     authority and duty to locate and apprehend the youth, or to initiate action with local law
597     enforcement agencies for assistance.
598          (b) A rule made by the division under this Subsection (6) may not permit secure
599     detention based solely on the existence of multiple status offenses, misdemeanors, or
600     infractions alleged in the same criminal episode.
601          (7) The division shall establish and operate compensatory-service work programs for
602     [youth] juvenile offenders committed to the division by the [juvenile] court. The
603     compensatory-service work program may not be residential and shall:
604          (a) provide labor to help in the operation, repair, and maintenance of public facilities,
605     parks, highways, and other programs designated by the division;
606          (b) provide educational and prevocational programs in cooperation with the State
607     Board of Education for [youth] juvenile offenders placed in the program; and
608          (c) provide counseling to [youth] juvenile offenders.
609          (8) The division shall establish minimum standards for the operation of all private
610     residential and nonresidential rehabilitation facilities that provide services to juveniles who
611     have committed a delinquent act or infraction in this state or in any other state.
612          (9) The division shall provide regular training for staff of secure facilities, detention
613     staff, case management staff, and staff of the community-based programs.
614          (10) (a) The division is authorized to employ special function officers, as defined in
615     Section 53-13-105, to locate and apprehend minors who have absconded from division
616     custody, transport minors taken into custody pursuant to division policy, investigate cases, and
617     carry out other duties as assigned by the division.
618          (b) Special function officers may be employed through contract with the Department of
619     Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the division.
620          (11) The division shall designate employees to obtain the saliva DNA specimens
621     required under Section 53-10-403. The division shall ensure that the designated employees
622     receive appropriate training and that the specimens are obtained in accordance with accepted

623     protocol.
624          (12) The division shall register an individual with the Department of Corrections [any
625     person] who:
626          (a) [has been] is adjudicated delinquent [based on] for an offense listed in Subsection
627     77-41-102(17)(a) or 77-43-102(2);
628          (b) [has been] is committed to the division for secure confinement; and
629          (c) (i) if the individual is a youth offender, remains in the division's custody 30 days
630     before the [person's] individual's 21st birthday[.]; or
631          (ii) if the individual is a serious youth offender, remains in the division's custody 30
632     days before the individual's 25th birthday.
633          (13) The division shall ensure that a program delivered to a [youth] juvenile offender
634     under this section is evidence based in accordance with Section 63M-7-208.
635          Section 7. Section 62A-7-105.5 is amended to read:
636          62A-7-105.5. Information supplied to division.
637          (1) Juvenile court probation sections shall render full and complete cooperation to the
638     division in supplying the division with all pertinent information relating to [youth] juvenile
639     offenders who have been committed to the division.
640          (2) Information under Subsection (1) may include, but is not limited to, prior criminal
641     history, social history, psychological evaluations, and identifying information specified by the
642     division.
643          Section 8. Section 62A-7-107.5 is amended to read:
644          62A-7-107.5. Contracts with private providers.
645          (1) This chapter does not prohibit the division from contracting with private providers
646     or other agencies for the construction, operation, and maintenance of juvenile facilities or the
647     provision of care, treatment, and supervision of [youth] juvenile offenders who have been
648     committed to the care of the division.
649          (2) All programs for the care, treatment, and supervision of [youth] juvenile offenders

650     committed to the division shall be licensed in compliance with division standards within six
651     months after commencing operation.
652          (3) A contract for the care, treatment, and supervision of a [youth] juvenile offender
653     committed to the division shall be executed in accordance with the performance-based
654     contracting system developed under Section 63M-7-208.
655          Section 9. Section 62A-7-108.5 is amended to read:
656          62A-7-108.5. Records -- Property of division.
657          (1) All records maintained by programs that are under contract with the division to
658     provide services to [youth] juvenile offenders, are the property of the division and shall be
659     returned to [it] the division when the [youth] juvenile offender is terminated from the program.
660          (2) The division shall maintain an accurate audit trail of information provided to other
661     programs or agencies regarding [youth] juvenile offenders under [its] the division's jurisdiction.
662          Section 10. Section 62A-7-109.5 is amended to read:
663          62A-7-109.5. Restitution by a juvenile offender.
664          (1) The division shall make reasonable efforts to ensure that restitution is made to the
665     victim of a [youth] juvenile offender. Restitution shall be made through the employment of
666     [youth] juvenile offenders in work programs. However, reimbursement to the victim of a
667     [youth] juvenile offender is conditional upon [that youth] the juvenile offender's involvement
668     in the work program.
669          (2) Restitution ordered by the court may be made a condition of release, placement, or
670     parole by the division.
671          (3) The division shall notify the juvenile court of all restitution paid to victims through
672     the employment of [youth] juvenile offenders in work programs.
673          Section 11. Section 62A-7-111.5 is amended to read:
674          62A-7-111.5. Cost of support and maintenance of a juvenile offender --
675     Responsibility.
676          On commitment of a [youth] juvenile offender to the division, and on recommendation

677     of the division to the [juvenile] court, the [juvenile] court may order the [youth] juvenile
678     offender or [his] the juvenile offender's parent, guardian, or custodian, to share in the costs of
679     support and maintenance for the [youth] offender during [his] the juvenile offender's term of
680     commitment.
681          Section 12. Section 62A-7-113 is amended to read:
682          62A-7-113. Rulemaking authority and division responsibilities.
683          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
684     division shall make rules that establish a formula, in consultation with the Office of the
685     Legislative Fiscal Analyst, to calculate savings from General Fund appropriations under 2017
686     Laws of Utah, Chapter 330 resulting from the reduction in out-of-home placements for [youth]
687     juvenile offenders with the division.
688          (2) No later than December 31 of each year, the division shall provide to the Executive
689     Offices and Criminal Justice Appropriations Subcommittee a written report of the division's
690     activities under this section and Section 62A-7-112, including:
691          (a) for the report submitted in 2019, the formula used to calculate the savings from
692     General Fund appropriations under Subsection (1);
693          (b) the amount of savings from General Fund appropriations calculated by the division
694     for the previous fiscal year;
695          (c) an accounting of the money expended or committed to be expended under
696     Subsection 62A-7-112(4); and
697          (d) the balance of the account.
698          Section 13. Section 62A-7-201 is amended to read:
699          62A-7-201. Confinement -- Facilities -- Restrictions.
700          [(1) Children under 18 years of age, who are apprehended by any officer or brought
701     before any court for examination under any provision of state law, may not be confined in jails,
702     lockups, or cells used for persons 18 years of age or older who are charged with crime, or in
703     secure postadjudication correctional facilities operated by the division, except as provided in

704     Subsection (2) or other specific statute.]
705          [(2) (a) Children charged with crimes under Section 78A-6-701, as a serious youth
706     offender under Section 78A-6-702 and bound over to the jurisdiction of the district court, or
707     certified to stand trial as an adult pursuant to Section 78A-6-703, if detained, shall be detained
708     as provided in these sections.]
709          [(b) Children detained in adult facilities under Section 78A-6-702 or 78A-6-703 before
710     a hearing before a magistrate, or under Subsection 78A-6-113(3),]
711          (1) Except as provided in Subsection (2) or by another statute, if a child is apprehended
712     by an officer, or brought before a court for examination under state law, the child may not be
713     confined:
714          (a) in a jail, lockup, or cell used for an adult who is charged with a crime; or
715          (b) in a secure facility operated by the division.
716          (2) (a) The division shall detain a child in accordance with Sections 78A-6-703.2,
717     78A-6-703.5, and 78A-6-703.6 if:
718          (i) the child is charged with an offense under Section 78A-6-703.2 or 78A-6-703.3;
719          (ii) the district court has obtained jurisdiction over the offense because the child is
720     bound over to the district court under Section 78A-6-703.5; and
721          (iii) the court orders the detention of the child.
722          (b) (i) If a child is detained before a hearing under Subsection 78A-6-113(3) or Section
723     78A-6-703.5, the child may only be held in certified juvenile detention accommodations in
724     accordance with rules made by the [Commission on Criminal and Juvenile Justice. Those
725     rules] commission.
726          (ii) The commission's rules shall include [standards] rules for acceptable sight and
727     sound separation from adult inmates.
728          (iii) The [Commission on Criminal and Juvenile Justice certifies facilities that are]
729     commission shall certify that a correctional facility is in compliance with the [Commission on
730     Criminal and Juvenile Justice's standards] commission's rules.

731          (iv) This Subsection (2)(b) does not apply to [juveniles] a child held in an adult
732     detention facility in accordance with Subsection (2)(a).
733          (3) (a) In [areas] an area of low density population, the [Commission on Criminal and
734     Juvenile Justice] commission may, by rule, approve [juvenile holding accommodations within
735     adult facilities that have] a juvenile detention accommodation within a correctional facility that
736     has acceptable sight and sound separation. [Those facilities]
737          (b) An accommodation described in Subsection (3)(a) shall be used only:
738          (i) for short-term holding [purposes, with a maximum confinement of six hours, for
739     children] of a child who is alleged to have committed an act [which] that would be a criminal
740     offense if committed by an adult[. Acceptable short-term holding purposes are:]; and
741          (ii) for a maximum confinement period of six hours.
742          (c) A child may only be held in an accommodation described in Subsection (3)(a) for:
743          (i) identification[,];
744          (ii) notification of a juvenile court [officials,] official;
745          (iii) processing[,]; and
746          (iv) allowance of adequate time for evaluation of needs and circumstances regarding
747     the release or transfer of the child to a shelter or detention facility.
748          (d) This Subsection (3) does not apply to [juveniles] a child held in [an adult detention
749     facility] a correctional facility in accordance with Subsection (2)(a).
750          (4) (a) [Children who are] If a child is alleged to have committed an act that would be a
751     criminal offense if committed by an adult, the child may be detained in [holding rooms in local
752     law enforcement agency facilities] a holding room in a local law enforcement agency facility:
753          (i) for a maximum of two hours[,]; and
754          (ii) (A) for identification or interrogation[,]; or
755          (B) while awaiting release to a parent or other responsible adult. [Those rooms]
756          (b) A holding room described in Subsection (4)(a) shall be certified by [the
757     Commission on Criminal and Juvenile Justice, according to the Commission on Criminal and

758     Juvenile Justice's] the commission in accordance with the commission's rules. [Those rules]
759          (c) The commission's rules shall include provisions for constant supervision and for
760     sight and sound separation from adult inmates.
761          (5) Willful failure to comply with this section is a class B misdemeanor.
762          (6) (a) The division is responsible for the custody and detention of [children under 18
763     years of age who require]:
764          (i) a child who requires detention care before trial or examination, or [while] is
765     awaiting assignment to a home or facility, as a dispositional placement under Subsection
766     78A-6-117(2)(f)(i)[,]; and [of youth offenders]
767          (ii) a juvenile offender under Subsection 62A-7-504(9). [This]
768          (b) Subsection (6)(a) does not apply to [juveniles] a child held in [an adult detention
769     facility] a correctional facility in accordance with Subsection (2)(a).
770          [(b)] (c) (i) The [Commission on Criminal and Juvenile Justice] commission shall
771     provide standards for custody or detention under Subsections (2)(b), (3), and (4).
772          (ii) The division shall determine and set standards for conditions of care and
773     confinement of children in detention facilities.
774          [(c) All other custody or detention shall be provided by the]
775          (d) (i) The division, or [by contract with] a public or private agency willing to
776     undertake temporary custody or detention upon agreed terms[, or] in a contract with the
777     division, shall provide all other custody or detention in suitable premises distinct and separate
778     from the general jails, lockups, or cells used in law enforcement and corrections systems.
779          (ii) This Subsection [(6)(c)] (6)(d) does not apply to [juveniles] a child held in [an
780     adult detention facility] a correctional facility in accordance with Subsection (2)(a).
781          Section 14. Section 62A-7-401.5 is amended to read:
782          62A-7-401.5. Secure facilities.
783          (1) The division shall maintain and operate secure facilities for the custody and
784     rehabilitation of [youth] juvenile offenders who pose a danger of serious bodily harm to others,

785     who cannot be controlled in a less secure setting, or who have engaged in a pattern of conduct
786     characterized by persistent and serious criminal offenses which, as demonstrated through the
787     use of other alternatives, cannot be controlled in a less secure setting.
788          (2) The director shall appoint an administrator for each secure facility. An
789     administrator of a secure facility shall have experience in social work, law, criminology,
790     corrections, or a related field, and also in administration.
791          (3) (a) The division, in cooperation with the State Board of Education, shall provide
792     instruction, or make instruction available, to [youth] juvenile offenders in secure facilities. The
793     instruction shall be appropriate to the age, needs, and range of abilities of the [youth] juvenile
794     offender.
795          (b) An assessment shall be made of each [youth] juvenile offender by the appropriate
796     secure facility to determine the offender's abilities, possible learning disabilities, interests,
797     attitudes, and other attributes related to appropriate educational programs.
798          (c) Prevocational education shall be provided to acquaint [youth] juvenile offenders
799     with vocations, and vocational requirements and opportunities.
800          (4) The division shall place [youth] juvenile offenders who have been committed to the
801     division for secure confinement and rehabilitation in a secure facility, operated by the division
802     or by a private entity, that is appropriate to ensure that humane care and rehabilitation
803     opportunities are afforded to the [youth] juvenile offender.
804          (5) The division shall adopt standards, policies, and procedures for the regulation and
805     operation of secure facilities, consistent with state and federal law.
806          Section 15. Section 62A-7-402 is amended to read:
807          62A-7-402. Aiding or concealing offender -- Trespass -- Criminal penalties.
808          (1) [A person] An individual who commits any of the following offenses is guilty of a
809     class A misdemeanor:
810          (a) entering, or attempting to enter, a building or enclosure appropriated to the use of
811     [youth] juvenile offenders, without permission;

812          (b) entering any premises belonging to a secure facility and committing or attempting
813     to commit a trespass or damage on those premises; or
814          (c) willfully annoying or disturbing the peace and quiet of a secure facility or of a
815     [youth] juvenile offender in a secure facility.
816          (2) [A person] An individual is guilty of a third degree felony who:
817          (a) knowingly harbors or conceals a [youth] juvenile offender who has:
818          (i) escaped from a secure facility; or
819          (ii) absconded from:
820          (A) a facility or supervision; or
821          (B) supervision of the [Division of Juvenile Justice Services] division; or
822          (b) willfully aided or assisted a [youth] juvenile offender who has been lawfully
823     committed to a secure facility in escaping or attempting to escape from that facility.
824          (3) As used in this section:
825          (a) a [youth] juvenile offender absconds from a facility when [he] the juvenile
826     offender:
827          (i) leaves the facility without permission; or
828          (ii) fails to return at a prescribed time.
829          (b) A [youth] juvenile offender absconds from supervision when [he] the juvenile
830     offender:
831          (i) changes [his] the juvenile offender's residence from the residence that [he] the
832     juvenile offender reported to the division as [his] the juvenile offender's correct address to
833     another residence, without notifying the [Division of Juvenile Justice Services] division or
834     obtaining permission; or
835          (ii) for the purpose of avoiding supervision:
836          (A) hides at a different location from [his] the juvenile offender's reported residence; or
837          (B) leaves [his] the juvenile offender's reported residence.
838          Section 16. Section 62A-7-403 is amended to read:

839          62A-7-403. Care of pregnant juvenile offender.
840          (1) When a [youth] juvenile offender in a secure facility is pregnant, the division shall
841     ensure that adequate prenatal and postnatal care is provided, and shall place [her] the juvenile
842     offender in an accredited hospital before delivery. As soon as [her] the juvenile offender's
843     condition after delivery will permit, the [youth] juvenile offender may be returned to the secure
844     facility.
845          (2) If the division has concern regarding the [youth] juvenile offender's fitness to raise
846     [her] the juvenile offender's child, the division shall petition the juvenile court to hold a
847     custody hearing.
848          Section 17. Section 62A-7-404 is repealed and reenacted to read:
849          62A-7-404. Commitment.
850          (1) If a youth offender has been committed to a secure facility under Section
851     78A-6-117, the youth offender shall remain at the secure facility until the youth offender is:
852          (a) 21 years old;
853          (b) paroled; or
854          (c) discharged.
855          (2) If a serious youth offender has been committed to a secure facility under Section
856     78A-6-117, the serious youth offender shall remain at the secure facility until the serious youth
857     offender is:
858          (a) 25 years old;
859          (b) paroled; or
860          (c) discharged.
861          Section 18. Section 62A-7-404.5 is enacted to read:
862          62A-7-404.5. Review and termination of commitment.
863          (1) If a juvenile offender has been committed to a secure facility, the juvenile offender
864     shall appear before the authority within 45 days after the day on which the juvenile offender is
865     committed to a secure facility for review of a treatment plan and to establish parole release

866     guidelines.
867          (2) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
868     presumptive term of commitment for the juvenile offender that does not exceed three to six
869     months.
870          (b) The authority shall release the juvenile offender on parole at the end of the
871     presumptive term of commitment unless at least one the following circumstances exists:
872          (i) termination would interrupt the completion of a necessary treatment program; or
873          (ii) the juvenile offender commits a new misdemeanor or felony offense.
874          (c) The authority shall determine whether a juvenile offender has completed a program
875     under Subsection (2)(b)(i) by considering the recommendations of the licensed service
876     provider, the juvenile offender's consistent attendance record, and the juvenile offender's
877     completion of the goals of the necessary treatment program.
878          (d) The authority may extend the length of commitment and delay parole release for the
879     time needed to address the specific circumstance if one of the circumstances under Subsection
880     (2)(b) exists.
881          (e) The authority shall:
882          (i) record the length of the extension and the grounds for the extension; and
883          (ii) report annually the length and grounds of extension to the commission.
884          (3) (a) If a juvenile offender is committed to a secure facility, the authority shall set a
885     presumptive term of parole supervision that does not exceed three to four months.
886          (b) If the authority determines that a juvenile offender is unable to return home
887     immediately upon release, the juvenile offender may serve the term of parole in the home of a
888     qualifying relative or guardian or at an independent living program contracted or operated by
889     the division.
890          (c) The authority shall release a juvenile offender from parole and terminate
891     jurisdiction at the end of the presumptive term of parole, unless at least one the following
892     circumstances exists:

893          (i) termination would interrupt the completion of a necessary treatment program;
894          (ii) the juvenile offender commits a new misdemeanor or felony offense; or
895          (iii) restitution has not been completed.
896          (d) The authority shall determine whether a juvenile offender has completed a program
897     under Subsection (2)(c) by considering the recommendations of the licensed service provider,
898     the juvenile offender's consistent attendance record, and the juvenile offender's completion of
899     the goals of the necessary treatment program.
900          (e) If one of the circumstances under Subsection (3)(c) exists, the authority may delay
901     parole release only for the time needed to address the specific circumstance.
902          (f) The authority shall:
903          (i) record the grounds for extension of the presumptive length of parole and the length
904     of the extension; and
905          (ii) report annually the extension and the length of the extension to the commission.
906          (g) In the event of an unauthorized leave lasting more than 24 hours, the term of parole
907     shall toll until the juvenile offender returns.
908          (4) Subsections (2) and (3) do not apply to a juvenile offender committed to a secure
909     facility for a felony violation of:
910          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
911          (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
912          (c) Section 76-5-203, murder or attempted murder;
913          (d) Section 76-5-302, aggravated kidnapping;
914          (e) Section 76-5-405, aggravated sexual assault;
915          (f) Section 76-6-103, aggravated arson;
916          (g) Section 76-6-203, aggravated burglary;
917          (h) Section 76-6-302, aggravated robbery;
918          (i) Section 76-10-508.1, felony discharge of a firearm;
919          (j) an offense other than an offense listed in Subsections (4)(a) through (i) involving

920     the use of a dangerous weapon:
921          (i) if the offense would be a felony had an adult committed the offense; and
922          (ii) the juvenile offender has been previously adjudicated or convicted of an offense
923     involving the use of a dangerous weapon that would have been a felony had an adult committed
924     the offense; or
925          (k) an offense other than an offense listed in Subsections (4)(a) through (j) and the
926     minor has been previously committed to the custody of the Division of Juvenile Justice
927     Services for secure confinement.
928          (5) (a) The division may continue to have responsibility over a juvenile offender, who
929     is discharged under this section from parole, to participate in a specific educational or
930     rehabilitative program:
931          (i) until the juvenile offender is:
932          (A) if the juvenile offender is a youth offender, 21 years old; or
933          (B) if the juvenile offender is a serious youth offender, 25 years old; and
934          (ii) under an agreement by the division and the juvenile offender that the program has
935     certain conditions.
936          (b) The division and the juvenile offender may terminate participation in a program
937     under Subsection (5)(a) at any time.
938          (c) The division shall offer an educational or rehabilitative program before a juvenile
939     offender's discharge date in accordance with this section.
940          (d) A juvenile offender may request the services described in this Subsection (5), even
941     if the offender has been previously declined services or services were terminated for
942     noncompliance.
943          (e) Notwithstanding Subsection (5)(c), the division:
944          (i) shall consider a request by a juvenile offender under Subsection (5)(d) for the
945     services described in this Subsection (5) for up to 365 days after the juvenile offender's
946     effective date of discharge, even if the juvenile offender has previously declined services or

947     services were terminated for noncompliance; and
948          (ii) may reach an agreement with the juvenile offender to provide the services
949     described in this Subsection (5) until the juvenile offender is:
950          (A) if the juvenile offender is a youth offender, 21 years old; or
951          (B) if the juvenile offender is a serious youth offender, 25 years old.
952          (f) The division and the juvenile offender may terminate an agreement for services
953     under this Subsection (5) at any time.
954          Section 19. Section 62A-7-501 is amended to read:
955          62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
956          (1) There is created the Youth Parole Authority within the division [a Youth Parole
957     Authority].
958          (2) (a) The authority is composed of 10 part-time members and five pro tempore
959     members who are residents of this state. No more than three pro tempore members may serve
960     on the authority at any one time.
961          (b) Throughout this section, the term "member" refers to both part-time and pro
962     tempore members of the Youth Parole Authority.
963          (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
964     four-year terms by the governor with the consent of the Senate.
965          (b) The governor shall, at the time of appointment or reappointment, adjust the length
966     of terms to ensure that the terms of authority members are staggered so that approximately half
967     of the authority is appointed every two years.
968          (4) Each member shall have training or experience in social work, law, juvenile or
969     criminal justice, or related behavioral sciences.
970          (5) When a vacancy occurs in the membership for any reason, the replacement member
971     shall be appointed for the unexpired term.
972          (6) During the tenure of the member's appointment, a member may not:
973          (a) be an employee of the department, other than in the member's capacity as a member

974     of the authority;
975          (b) hold any public office;
976          (c) hold any position in the state's juvenile justice system; or
977          (d) be an employee, officer, advisor, policy board member, or subcontractor of any
978     juvenile justice agency or its contractor.
979          (7) In extraordinary circumstances or when a regular member is absent or otherwise
980     unavailable, the chair may assign a pro tempore member to act in the absent member's place.
981          (8) A member may not receive compensation or benefits for the member's service[,]
982     but may receive per diem and travel expenses in accordance with:
983          (a) Section 63A-3-106;
984          (b) Section 63A-3-107; and
985          (c) rules made by the Division of Finance [pursuant to] in accordance with Sections
986     63A-3-106 and 63A-3-107.
987          (9) The authority shall determine appropriate parole dates for [youth] juvenile
988     offenders in accordance with Section [62A-7-404] 62A-7-404.5.
989          (10) [Youth offenders] A juvenile offender may be paroled to [their own homes] the
990     juvenile offender's home, to an independent living program contracted or operated by the
991     division, to an approved independent living setting, or to other appropriate residences of
992     qualifying relatives or guardians, but shall remain on parole until parole is terminated by the
993     authority in accordance with Section [62A-7-404] 62A-7-404.5.
994          (11) The division's case management staff shall implement parole release plans and
995     shall supervise [youth] juvenile offenders while on parole.
996          (12) The division shall permit the authority to have reasonable access to [youth]
997     juvenile offenders in secure facilities and shall furnish all pertinent data requested by the
998     authority in matters of parole, revocation, and termination.
999          Section 20. Section 62A-7-502 is amended to read:
1000          62A-7-502. Youth Parole Authority -- Parole procedures.

1001          (1) The authority has responsibility for parole release, rescission, revocation, and
1002     termination for [youth] juvenile offenders who have been committed to the division for secure
1003     confinement. The authority shall determine when and under what conditions [youth] juvenile
1004     offenders who have been committed to a secure facility are eligible for parole.
1005          (2) [Each youth] A juvenile offender shall be served with notice of parole hearings[,]
1006     and has the right to personally appear before the authority for parole consideration.
1007          (3) Orders and decisions of the authority shall be in writing, and [each youth] a
1008     juvenile offender shall be provided written notice of the authority's reasoning and decision in
1009      the [youth] juvenile offender's case.
1010          (4) The authority shall establish policies and procedures for the authority's governance,
1011     meetings, hearings, the conduct of proceedings before [it] the authority, the parole of [youth]
1012     juvenile offenders, and the general conditions under which parole may be granted, rescinded,
1013     revoked, modified, and terminated.
1014          Section 21. Section 62A-7-504 is amended to read:
1015          62A-7-504. Parole revocation -- Hearing -- Procedures.
1016          (1) The authority may revoke the parole of a [youth] juvenile offender only after a
1017     hearing and upon determination that there has been a violation of law or of a condition of
1018     parole by the [youth] juvenile offender that warrants the [youth] juvenile offender's return to a
1019     secure facility. The parole revocation hearing shall be held at a secure facility.
1020          (2) (a) Before returning a [youth] juvenile offender to a secure facility for a parole
1021     revocation or rescission hearing, the division shall provide a prerevocation or prerescission
1022     hearing within the vicinity of the alleged violation, to determine whether there is probable
1023     cause to believe that the [youth] juvenile offender violated the conditions of the [youth]
1024     juvenile offender's parole.
1025          (b) Upon a finding of probable cause, the [youth] juvenile offender may be remanded
1026     to a secure facility, pending a revocation hearing.
1027          (3) The authority shall only proceed with the parole revocation or rescission process in

1028     accordance with the system of appropriate responses developed [pursuant to] in accordance
1029     with Section 78A-6-123 on [and] or after July 1, 2018.
1030          (4) A paroled [youth] juvenile offender is entitled to legal representation at the parole
1031     revocation hearing, and if the [youth] juvenile offender or the [youth] juvenile offender's family
1032     has requested but cannot afford legal representation, the authority shall appoint legal counsel.
1033          (5) The authority and the administrative officer have power to issue subpoenas, compel
1034     attendance of witnesses, compel production of books, papers and other documents, administer
1035     oaths, and take testimony under oath for the purposes of conducting the hearings.
1036          (6) (a) A [youth] juvenile offender shall receive timely advance notice of the date,
1037     time, place, and reason for the hearing, and has the right to appear at the hearing.
1038          (b) The authority shall provide the [youth] juvenile offender an opportunity to be
1039     heard, to present witnesses and evidence, and to confront and cross-examine adverse witnesses,
1040     unless there is good cause for disallowing that confrontation.
1041          (7) Decisions in parole revocation or rescission hearings shall be reached by a majority
1042     vote of the present members of the authority.
1043          (8) The administrative officer shall maintain summary records of all hearings and
1044     provide written notice to the [youth] juvenile offender of the decision and reason for the
1045     decision.
1046          (9) (a) The authority may issue a warrant to order any peace officer or division
1047     employee to take into custody a [youth] juvenile offender alleged to be in violation of parole
1048     conditions in accordance with Section 78A-6-123 on [and] or after July 1, 2018.
1049          (b) The division may issue a warrant to any peace officer or division employee to
1050     retake a [youth] juvenile offender who has escaped from a secure facility.
1051          (c) Based upon the warrant issued under this Subsection (9), a [youth] juvenile
1052     offender may be held in a local detention facility for no longer than 48 hours, excluding
1053     weekends and legal holidays, to allow time for a prerevocation or prerecission hearing of the
1054     alleged parole violation, or in the case of an escapee, arrangement for transportation to the

1055     secure facility.
1056          Section 22. Section 62A-7-505 is amended to read:
1057          62A-7-505. Conditions of parole.
1058          Conditions of parole shall be specified in writing and agreed to by the [youth] juvenile
1059     offender. That agreement shall be evidenced by the signature of the [youth] juvenile offender,
1060     which shall be affixed to the parole document.
1061          Section 23. Section 62A-7-506 is amended to read:
1062          62A-7-506. Discharge of juvenile offender.
1063          (1) A [youth] juvenile offender may be discharged from the jurisdiction of the division
1064     at any time, by written order of the [Youth Parole Authority] authority, upon a finding that no
1065     further purpose would be served by secure confinement or supervision in a community setting.
1066          (2) A [youth] juvenile offender shall be discharged in accordance with Section
1067     [62A-7-404] 62A-7-404.5.
1068          (3) Discharge of a [youth] juvenile offender is a complete release of all penalties
1069     incurred by adjudication of the offense for which the [youth] juvenile offender was committed.
1070          Section 24. Section 62A-7-507 is amended to read:
1071          62A-7-507. Appeal regarding parole release or revocation.
1072          (1) A [youth] juvenile offender, or the parent or legal guardian of a [youth] juvenile
1073     offender, may appeal to the executive director or his designee any decision of the authority
1074     regarding parole release, rescission, or revocation.
1075          (2) The executive director, or [his] the executive director's designee, may set aside or
1076     remand the authority's decision only if [it] the authority's decision is arbitrary, capricious, an
1077     abuse of discretion, or contrary to law.
1078          Section 25. Section 62A-7-701 is amended to read:
1079          62A-7-701. Community-based programs.
1080          (1) (a) The division shall operate residential and nonresidential community-based
1081     programs to provide care, treatment, and supervision for [youth] juvenile offenders committed

1082     to the division by juvenile courts.
1083          (b) The division shall operate or contract for nonresidential community-based
1084     programs and independent living programs to provide care, treatment, and supervision of
1085     paroled [youth] juvenile offenders.
1086          (2) The division shall adopt minimum standards for the organization and operation of
1087     community-based corrections programs for [youth] juvenile offenders.
1088          (3) The division shall place [youth] juvenile offenders committed to [it] the division
1089     for community-based programs in the most appropriate program based upon the division's
1090     evaluation of the [youth] juvenile offender's needs and the division's available resources in
1091     accordance with Sections [62A-7-404] 62A-7-404.5 and 78A-6-117.
1092          Section 26. Section 62A-7-702 is amended to read:
1093          62A-7-702. Case management staff.
1094          (1) The division shall provide a sufficient number of case management staff members
1095     to provide care, treatment, and supervision for [youth] juvenile offenders on parole and for
1096     [youth] juvenile offenders committed to the division by the juvenile courts for
1097     community-based programs.
1098          (2) (a) Case management staff shall develop treatment programs for each [youth]
1099     juvenile offender in the community, provide appropriate services, and monitor individual
1100     progress.
1101          (b) Progress reports shall be filed every three months with the [juvenile] court for each
1102     [youth] juvenile offender committed to the division for community-based programs and with
1103     the authority for each parolee.
1104          (c) The authority, in the case of parolees, or the [juvenile] court, in the case of youth
1105     committed to the division for placement in community programs, shall be immediately
1106     notified, in writing, of any violation of law or of conditions of parole or placement.
1107          (3) Case management staff shall:
1108          (a) conduct investigations and make reports requested by the courts to aid them in

1109     determining appropriate case dispositions; and
1110          (b) conduct investigations and make reports requested by the authority to aid it in
1111     making appropriate dispositions in cases of parole, revocation, and termination.
1112          Section 27. Section 63I-1-253 is amended to read:
1113          63I-1-253. Repeal dates, Titles 53 through 53G.
1114          The following provisions are repealed on the following dates:
1115          (1) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
1116     repealed July 1, 2022.
1117          (2) Subsection 53-13-104(6), regarding being 19 years old at certification, is repealed
1118     July 1, 2022.
1119          (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
1120          (4) Section 53B-18-1501 is repealed July 1, 2021.
1121          (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
1122          (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
1123          (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
1124     from the Land Exchange Distribution Account to the Geological Survey for test wells, other
1125     hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
1126          (8) Section 53E-3-515 is repealed January 1, 2023.
1127          (9) In relation to a standards review committee, on January 1, 2023:
1128          (a) in Subsection 53E-4-202(8), the language that states "by a standards review
1129     committee and the recommendations of a standards review committee established under
1130     Section 53E-4-203" is repealed; and
1131          (b) Section 53E-4-203 is repealed.
1132          (10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
1133          (a) Subsection 53B-17-1201(1) is repealed;
1134          (b) Section 53B-17-1203 is repealed;
1135          (c) Subsection 53B-17-1204(2) is repealed;

1136          (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
1137     method described in Subsection (4)(c)" is repealed; and
1138          (e) Subsection 53B-17-1204(4)(c) is repealed.
1139          (11) Section 53F-2-514 is repealed July 1, 2020.
1140          (12) Section 53F-5-203 is repealed July 1, 2024.
1141          (13) Section 53F-5-212 is repealed July 1, 2024.
1142          (14) Section 53F-5-213 is repealed July 1, 2023.
1143          (15) Title 53F, Chapter 5, Part 6, American Indian and Alaskan Native Education State
1144     Plan Pilot Program, is repealed July 1, 2022.
1145          [(16) Section 53F-6-201 is repealed July 1, 2019.]
1146          [(17)] (16) Section 53F-9-501 is repealed January 1, 2023.
1147          [(18)] (17) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
1148     Commission, are repealed January 1, 2025.
1149          [(19)] (18) Subsection 53G-8-211[(4)](5), regarding referrals of a minor to court for a
1150     class C misdemeanor, is repealed July 1, [2020] 2022.
1151          Section 28. Section 76-3-406 is amended to read:
1152          76-3-406. Crimes for which probation, suspension of sentence, lower category of
1153     offense, or hospitalization may not be granted.
1154          (1) Notwithstanding Sections 76-3-201 and 77-18-1 and Title 77, Chapter 16a,
1155     Commitment and Treatment of Persons with a Mental Illness, except as provided in Section
1156     76-5-406.5, probation may not be granted, the execution or imposition of sentence may not be
1157     suspended, the court may not enter a judgment for a lower category of offense, and
1158     hospitalization may not be ordered, the effect of which would in any way shorten the prison
1159     sentence for an individual who commits a capital felony or a first degree felony involving:
1160          (a) Section 76-5-202, aggravated murder;
1161          (b) Section 76-5-203, murder;
1162          (c) Section 76-5-301.1, child kidnaping;

1163          (d) Section 76-5-302, aggravated kidnaping;
1164          (e) Section 76-5-402, rape, if the individual is sentenced under Subsection
1165     76-5-402(3)(b), (3)(c), or (4);
1166          (f) Section 76-5-402.1, rape of a child;
1167          (g) Section 76-5-402.2, object rape, if the individual is sentenced under Subsection
1168     76-5-402.2(1)(b), (1)(c), or (2);
1169          (h) Section 76-5-402.3, object rape of a child;
1170          (i) Section 76-5-403, forcible sodomy, if the individual is sentenced under Subsection
1171     76-5-403(3)(b), (3)(c), or (4);
1172          (j) Section 76-5-403.1, sodomy on a child;
1173          (k) Section 76-5-404, forcible sexual abuse, if the individual is sentenced under
1174     Subsection 76-5-404(2)(b) or (3);
1175          (l) Subsections 76-5-404.1(4) and (5), aggravated sexual abuse of a child;
1176          (m) Section 76-5-405, aggravated sexual assault; or
1177          (n) any attempt to commit a felony listed in Subsection (1)(f), (h), or (j).
1178          (2) [The] Except for an offense before the district court in accordance with Section
1179     78A-6-703.2 or 78A-6-703.5, the provisions of this section do not apply if the sentencing court
1180     finds that the defendant:
1181          (a) was under [the age of] 18 years old at the time of the offense; and
1182          (b) could have been adjudicated in the juvenile court but for the delayed reporting or
1183     delayed filing of the [Information, unless the offenses are before the court pursuant to Section
1184     78A-6-701, 78A-6-702, or 78A-6-703] information.
1185          Section 29. Section 76-5-401.3 is amended to read:
1186          76-5-401.3. Unlawful adolescent sexual activity.
1187          (1) As used in this section:
1188          (a) "Adolescent" means [a person] an individual in the transitional phase of human
1189     physical and psychological growth and development between childhood and adulthood who is

1190     12 years [of age] old or older, but under 18 years [of age] old.
1191          (b) "Unlawful adolescent sexual activity" means sexual activity between adolescents
1192     under circumstances not amounting to:
1193          (i) rape, in violation of Section 76-5-402;
1194          (ii) rape of a child, in violation of Section 76-5-402.1;
1195          (iii) object rape, in violation of Section 76-5-402.2;
1196          (iv) object rape of a child, in violation of Section 76-5-402.3;
1197          (v) forcible sodomy, in violation of Section 76-5-403;
1198          (vi) sodomy on a child, in violation of Section 76-5-403.1;
1199          [(vii) aggravated sexual assault, in violation of Section 76-5-405;]
1200          [(viii)] (vii) sexual abuse of a child, in violation of Section 76-5-404; [or]
1201          (viii) aggravated sexual assault, in violation of Section 76-5-405; or
1202          (ix) incest, in violation of Section 76-7-102.
1203          (2) Unlawful adolescent sexual activity is punishable as a:
1204          (a) third degree felony if an adolescent who is 17 years [of age] old engages in
1205     unlawful adolescent sexual activity with an adolescent who is 12 or 13 years [of age] old;
1206          (b) third degree felony if an adolescent who is 16 years [of age] old engages in
1207     unlawful adolescent sexual activity with an adolescent who is 12 years [of age] old;
1208          (c) class A misdemeanor if an adolescent who is 16 years [of age] old engages in
1209     unlawful adolescent sexual activity with an adolescent who is 13 years [of age] old;
1210          (d) class A misdemeanor if an adolescent who is 14 or 15 years [of age] old engages in
1211     unlawful adolescent sexual activity with an adolescent who is 12 years [of age] old;
1212          (e) class B misdemeanor if an adolescent who is 17 years [of age] old engages in
1213     unlawful adolescent sexual activity with an adolescent who is 14 years [of age] old;
1214          (f) class B misdemeanor if an adolescent who is 15 years [of age] old engages in
1215     unlawful adolescent sexual activity with an adolescent who is 13 years [of age] old;
1216          (g) class C misdemeanor if an adolescent who is 12 or 13 years [of age] old engages in

1217     unlawful adolescent sexual activity with an adolescent who is 12 or 13 years [of age] old; and
1218          (h) class C misdemeanor if an adolescent who is 14 years [of age] old engages in
1219     unlawful adolescent sexual activity with an adolescent who is 13 years [of age] old.
1220          (3) [Offenses] An offense under this section [are] is not eligible for a nonjudicial
1221     adjustment under Section 78A-6-602 or a referral to youth court under Section 78A-6-1203.
1222          (4) [Unless the offenses are before the court pursuant to Section 78A-6-701,
1223     78A-6-702, or 78A-6-703] Except for an offense that is transferred to a district court by the
1224     juvenile court in accordance with Section 78A-6-703.5, the district court may enter any
1225     sentence or combination of sentences [which] that would have been available in juvenile court
1226     but for the delayed reporting or delayed filing of the information in the district court.
1227          (5) An offense under this section is not subject to registration under Subsection
1228     77-41-102(17).
1229          Section 30. Section 76-10-105 (Superseded 07/01/20) is amended to read:
1230          76-10-105 (Superseded 07/01/20). Buying or possessing a cigar, cigarette,
1231     electronic cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
1232          (1) Any 18 year old person who buys or attempts to buy, accepts, or has in the person's
1233     possession any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of a class C
1234     misdemeanor and subject to:
1235          (a) a minimum fine or penalty of $60; and
1236          (b) participation in a court-approved tobacco education program, which may include a
1237     participation fee.
1238          (2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
1239     person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is [subject
1240     to the jurisdiction of the juvenile court and] subject to Section 78A-6-602, unless the violation
1241     is committed on school property under Section 53G-8-211. If a violation under this section is
1242     adjudicated under Section 78A-6-117, the minor may be subject to the following:
1243          (a) a fine or penalty, in accordance with Section 78A-6-117; and

1244          (b) participation in a court-approved tobacco education program, which may include a
1245     participation fee.
1246          (3) A compliance officer appointed by a board of education under Section 53G-4-402
1247     may not issue a citation for a violation of this section committed on school property. A cited
1248     violation committed on school property shall be addressed in accordance with Section
1249     53G-8-211.
1250          Section 31. Section 76-10-105 (Effective 07/01/20) is amended to read:
1251          76-10-105 (Effective 07/01/20). Buying or possessing a cigar, cigarette, electronic
1252     cigarette, or tobacco by a minor -- Penalty -- Compliance officer authority.
1253          (1) (a) An individual who is 18 years old or older, but younger than the age specified in
1254     Subsection (1)(b), and buys or attempts to buy, accepts, or has in the individual's possession
1255     any cigar, cigarette, electronic cigarette, or tobacco in any form is guilty of an infraction and
1256     subject to:
1257          (i) a minimum fine or penalty of $60; and
1258          (ii) participation in a court-approved tobacco education or cessation program, which
1259     may include a participation fee.
1260          (b) For purposes of Subsection (1)(a), the individual is younger than:
1261          (i) beginning July 1, 2020, and ending June 30, 2021, 20 years old; and
1262          (ii) beginning July 1, 2021, 21 years old.
1263          (2) (a) An individual under [the age of] 18 years old who buys or attempts to buy,
1264     accepts, or has in the individual's possession any cigar, cigarette, electronic cigarette, or
1265     tobacco in any form is [subject to the jurisdiction of the juvenile court and] subject to Section
1266     78A-6-602, unless the violation is committed on school property under Section 53G-8-211.
1267          (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
1268     may be subject to the following:
1269          [(a)] (i) a fine or penalty, in accordance with Section 78A-6-117; and
1270          [(b)] (ii) participation in a court-approved tobacco education program, which may

1271     include a participation fee.
1272          (3) (a) A compliance officer appointed by a board of education under Section
1273     53G-4-402 may not issue a citation for a violation of this section committed on school
1274     property.
1275          (b) A cited violation committed on school property shall be addressed in accordance
1276     with Section 53G-8-211.
1277          (4) (a) This section does not apply to the purchase or possession of a cigar, cigarette,
1278     electronic cigarette, tobacco, or tobacco paraphernalia by an individual who is 18 years old or
1279     older and is:
1280          (i) on active duty in the United States Armed Forces; or
1281          (ii) a spouse or dependent of an individual who is on active duty in the United States
1282     Armed Forces.
1283          (b) A valid, government-issued military identification card is required to verify proof
1284     of age under Subsection (4)(a).
1285          Section 32. Section 76-10-1302 is amended to read:
1286          76-10-1302. Prostitution.
1287          (1) An individual is guilty of prostitution when the individual:
1288          (a) engages, offers, or agrees to engage in any sexual activity with another individual
1289     for a fee, or the functional equivalent of a fee;
1290          (b) takes steps in arranging a meeting through any form of advertising, agreeing to
1291     meet, and meeting at an arranged place for the purpose of sexual activity in exchange for a fee
1292     or the functional equivalent of a fee; or
1293          (c) loiters in or within view of any public place for the purpose of being hired to
1294     engage in sexual activity.
1295          (2) (a) Except as provided in Subsection (2)(b) and Section 76-10-1309, prostitution is
1296     a class B misdemeanor.
1297          (b) Except as provided in Section 76-10-1309, an individual who is convicted a second

1298     time, and on all subsequent convictions, of a subsequent offense of prostitution under this
1299     section or under a local ordinance adopted in compliance with Section 76-10-1307, is guilty of
1300     a class A misdemeanor.
1301          (3) (a) As used in this Subsection (3):
1302          (i) "Child" means the same as that term is defined in Section 76-10-1301.
1303          (ii) "Child engaged in commercial sex" means a child who engages in conduct
1304     described in Subsection (1).
1305          (iii) "Child engaged in sexual solicitation" means a child who offers or agrees to
1306     commit or engage in any sexual activity with another person for a fee or the functional
1307     equivalent of a fee under Subsection 76-10-1313(1)(a) or (c).
1308          (iv) "Division" means the Division of Child and Family Services created in Section
1309     62A-4a-103.
1310          (v) "Receiving center" means the same as that term is defined in Section 62A-7-101.
1311          (b) Upon encountering a child engaged in commercial sex or sexual solicitation, a law
1312     enforcement officer shall:
1313          (i) conduct an investigation regarding possible human trafficking of the child pursuant
1314     to Sections 76-5-308 and 76-5-308.5;
1315          (ii) refer the child to the division;
1316          (iii) bring the child to a receiving center, if available; and
1317          (iv) contact the child's parent or guardian, if practicable.
1318          (c) When law enforcement refers a child to the division under Subsection (3)(b)(ii) the
1319     division shall provide services to the child under Title 62A, Chapter 4a, Child and Family
1320     Services.
1321          (4) A child may not be subjected to [delinquency proceedings under Title 62A, Chapter
1322     7, Juvenile Justice Services, and Section 78A-6-601 through Section 78A-6-704] a delinquency
1323     proceeding for prostitution under Title 78A, Chapter 6, Juvenile Court Act.
1324          (5) A prosecutor may not prosecute an individual for a violation of Subsection (1) if

1325     the individual engages in a violation of Subsection (1) at or near the time the individual
1326     witnesses or is a victim of any of the following offenses, or an attempt to commit any of the
1327     following offenses, and the individual reports the offense or attempt to law enforcement in
1328     good faith:
1329          (a) assault, Section 76-5-102;
1330          (b) aggravated assault, Section 76-5-103;
1331          (c) mayhem, Section 76-5-105;
1332          (d) aggravated murder, murder, manslaughter, negligent homicide, child abuse
1333     homicide, or homicide by assault under Title 76, Chapter 5, Part 2, Criminal Homicide;
1334          (e) kidnapping, child kidnapping, aggravated kidnapping, human trafficking or
1335     aggravated human trafficking, human smuggling or aggravated human smuggling, or human
1336     trafficking of a child under Title 76, Chapter 5, Part 3, Kidnapping, Trafficking, and
1337     Smuggling;
1338          (f) rape, Section 76-5-402;
1339          (g) rape of a child, Section 76-5-402.1;
1340          (h) object rape, Section 76-5-402.2;
1341          (i) object rape of a child, Section 76-5-402.3;
1342          (j) forcible sodomy, Section 76-5-403;
1343          (k) sodomy on a child, Section 76-5-403.1;
1344          (l) forcible sexual abuse, Section 76-5-404;
1345          (m) aggravated sexual abuse of a child or sexual abuse of a child, Section 76-5-404.1;
1346          (n) aggravated sexual assault, Section 76-5-405;
1347          (o) sexual exploitation of a minor, Section 76-5b-201;
1348          (p) sexual exploitation of a vulnerable adult, Section 76-5b-202;
1349          (q) aggravated burglary or burglary of a dwelling under Title 76, Chapter 6, Part 2,
1350     Burglary and Criminal Trespass;
1351          (r) aggravated robbery or robbery under Title 76, Chapter 6, Part 3, Robbery; or

1352          (s) theft by extortion under Subsection 76-6-406(2)(a) or (b).
1353          Section 33. Section 77-2-9 is amended to read:
1354          77-2-9. Offenses ineligible for diversion.
1355          [(1) Except as provided in Subsection (2), diversion may not be granted by a magistrate
1356     for:]
1357          (1) A magistrate may not grant a diversion for:
1358          (a) a capital felony;
1359          (b) a felony in the first degree;
1360          (c) any case involving a sexual offense against a victim who is under [the age of] 14
1361     years old;
1362          (d) any motor vehicle related offense involving alcohol or drugs;
1363          (e) any case involving using a motor vehicle in the commission of a felony;
1364          (f) driving a motor vehicle or commercial motor vehicle on a revoked or suspended
1365     license;
1366          (g) any case involving operating a commercial motor vehicle in a negligent manner
1367     causing the death of another including the offenses of:
1368          (i) manslaughter under Section 76-5-205; or
1369          (ii) negligent homicide under Section 76-5-206; or
1370          (h) a crime of domestic violence as defined in Section 77-36-1.
1371          (2) When [a person] an individual is alleged to have committed any violation of Title
1372     76, Chapter 5, Part 4, Sexual Offenses, while under [the age of] 16 years old, the court may
1373     enter a diversion in the matter if the court enters on the record [its] the court's findings that:
1374          (a) the offenses could have been adjudicated in juvenile court but for the delayed
1375     reporting or delayed filing of the information in the district court, unless the offenses are before
1376     the court [pursuant to Section 78A-6-701, 78A-6-702, or 78A-6-703] in accordance with
1377     Section 78A-6-703.2 or 78A-6-703.5;
1378          (b) the [person] individual did not use coercion or force;

1379          (c) there is no more than three years' difference between the ages of the participants;
1380     and
1381          (d) it would be in the best interest of the person to grant diversion.
1382          Section 34. Section 77-38a-102 is amended to read:
1383          77-38a-102. Definitions.
1384          As used in this chapter:
1385          (1) "Conviction" includes a:
1386          (a) judgment of guilt;
1387          (b) a plea of guilty; or
1388          (c) a plea of no contest.
1389          (2) "Criminal activities" means:
1390          (a) any misdemeanor or felony offense of which the defendant is convicted; or
1391          (b) any other criminal conduct for which the defendant admits responsibility to the
1392     sentencing court with or without an admission of committing the criminal conduct.
1393          (3) (a) "Defendant" means an individual who has been convicted of, or entered into a
1394     plea disposition for, a criminal activity.
1395          (b) "Defendant" does not include a minor, as defined in Section 78A-6-105, who is
1396     adjudicated, or enters into a nonjudicial adjustment, for any offense under Title 78A, Chapter
1397     6, Juvenile Court Act.
1398          [(3)] (4) "Department" means the Department of Corrections.
1399          [(4)] (5) "Diversion" means suspending criminal proceedings prior to conviction on the
1400     condition that a defendant agree to participate in a rehabilitation program, make restitution to
1401     the victim, or fulfill some other condition.
1402          [(5)] (6) "Party" means the prosecutor, defendant, or department involved in a
1403     prosecution.
1404          [(6)] (7) "Pecuniary damages" means all demonstrable economic injury, whether or not
1405     yet incurred, including those which a person could recover in a civil action arising out of the

1406     facts or events constituting the defendant's criminal activities and includes the fair market value
1407     of property taken, destroyed, broken, or otherwise harmed, and losses, including lost earnings,
1408     including those and other travel expenses reasonably incurred as a result of participation in
1409     criminal proceedings, and medical and other expenses, but excludes punitive or exemplary
1410     damages and pain and suffering.
1411          [(7)] (8) "Plea agreement" means an agreement entered between the prosecution and
1412     defendant setting forth the special terms and conditions and criminal charges upon which the
1413     defendant will enter a plea of guilty or no contest.
1414          [(8)] (9) "Plea disposition" means an agreement entered into between the prosecution
1415     and defendant including diversion, plea agreement, plea in abeyance agreement, or any
1416     agreement by which the defendant may enter a plea in any other jurisdiction or where charges
1417     are dismissed without a plea.
1418          [(9)] (10) "Plea in abeyance" means an order by a court, upon motion of the
1419     prosecution and the defendant, accepting a plea of guilty or of no contest from the defendant
1420     but not, at that time, entering judgment of conviction against him nor imposing sentence upon
1421     him on condition that he comply with specific conditions as set forth in a plea in abeyance
1422     agreement.
1423          [(10)] (11) "Plea in abeyance agreement" means an agreement entered into between the
1424     prosecution and the defendant setting forth the specific terms and conditions upon which,
1425     following acceptance of the agreement by the court, a plea may be held in abeyance.
1426          [(11)] (12) "Restitution" means full, partial, or nominal payment for pecuniary
1427     damages to a victim, including prejudgment interest, the accrual of interest from the time of
1428     sentencing, insured damages, reimbursement for payment of a reward, and payment for
1429     expenses to a governmental entity for extradition or transportation and as may be further
1430     defined by law.
1431          [(12)] (13) (a) "Reward" means a sum of money:
1432          (i) offered to the public for information leading to the arrest and conviction of an

1433     offender; and
1434          (ii) that has been paid to a person or persons who provide this information, except that
1435     the person receiving the payment may not be a codefendant, an accomplice, or a bounty hunter.
1436          (b) "Reward" does not include any amount paid in excess of the sum offered to the
1437     public.
1438          [(13)] (14) "Screening" means the process used by a prosecuting attorney to terminate
1439     investigative action, proceed with prosecution, move to dismiss a prosecution that has been
1440     commenced, or cause a prosecution to be diverted.
1441          [(14)] (15) (a) "Victim" means [any person] an individual or entity, including the Utah
1442     Office for Victims of Crime, [who] that the court determines has suffered pecuniary damages
1443     as a result of the defendant's criminal activities.
1444          (b) "Victim" may not include a codefendant or accomplice.
1445          Section 35. Section 77-38a-302 is amended to read:
1446          77-38a-302. Restitution criteria.
1447          (1) When a defendant enters into a plea disposition or is convicted of criminal activity
1448     that has resulted in pecuniary damages, in addition to any other sentence or term of a plea in
1449     abeyance [it] the court may impose, the court shall order that the defendant make restitution to
1450     [victims] any victim of crime as provided in this chapter, or for conduct for which the
1451     defendant has agreed to make restitution as part of a plea disposition.[ For purposes of
1452     restitution, "victim" means the same as that term is defined in Subsection 77-38a-102(14).] In
1453     determining whether restitution is appropriate, the court shall follow the criteria and procedures
1454     as provided in Subsections (2) through (5).
1455          (2) In determining restitution, the court shall determine complete restitution and
1456     court-ordered restitution.
1457          (a) "Complete restitution" means restitution necessary to compensate a victim for all
1458     losses caused by the defendant.
1459          (b) "Court-ordered restitution" means the restitution the court having criminal

1460     jurisdiction orders the defendant to pay as a part of the criminal sentence.
1461          (c) Complete restitution and court-ordered restitution shall be determined as provided
1462     in Subsection (5).
1463          (3) If the court determines that restitution is appropriate or inappropriate under this
1464     part, the court shall make the reasons for the decision part of the court record.
1465          (4) If the defendant objects to the imposition, amount, or distribution of the restitution,
1466     the court shall allow the defendant a full hearing on the issue.
1467          (5) (a) For the purpose of determining restitution for an offense, the offense shall
1468     include any criminal conduct admitted by the defendant to the sentencing court or for which the
1469     defendant agrees to pay restitution. A victim of an offense that involves as an element a
1470     scheme, a conspiracy, or a pattern of criminal activity, includes any person directly harmed by
1471     the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern.
1472          (b) In determining the monetary sum and other conditions for complete restitution, the
1473     court shall consider all relevant facts, including:
1474          (i) the cost of the damage or loss if the offense resulted in damage to or loss or
1475     destruction of property of a victim of the offense;
1476          (ii) the cost of necessary medical and related professional services and devices relating
1477     to physical or mental health care, including nonmedical care and treatment rendered in
1478     accordance with a method of healing recognized by the law of the place of treatment;
1479          (iii) the cost of necessary physical and occupational therapy and rehabilitation;
1480          (iv) the income lost by the victim as a result of the offense;
1481          (v) the individual victim's reasonable determinable wages that are lost due to theft of or
1482     damage to tools or equipment items of a trade that were owned by the victim and were essential
1483     to the victim's current employment at the time of the offense;
1484          (vi) the cost of necessary funeral and related services if the offense resulted in the death
1485     of a victim; and
1486          (vii) expenses incurred by a victim in implementing reasonable security measures in

1487     response to the offense.
1488          (c) In determining the monetary sum and other conditions for court-ordered restitution,
1489     the court shall consider:
1490          (i) the factors listed in Subsections (5)(a) and (b);
1491          (ii) the financial resources of the defendant, as disclosed in the financial declaration
1492     described in Section 77-38a-204;
1493          (iii) the burden that payment of restitution will impose, with regard to the other
1494     obligations of the defendant;
1495          (iv) the ability of the defendant to pay restitution on an installment basis or on other
1496     conditions to be fixed by the court;
1497          (v) the rehabilitative effect on the defendant of the payment of restitution and the
1498     method of payment; and
1499          (vi) other circumstances that the court determines may make restitution inappropriate.
1500          (d) (i) The prosecuting agency shall submit all requests for complete restitution and
1501     court-ordered restitution to the court at the time of sentencing if feasible, otherwise within one
1502     year after sentencing.
1503          (ii) If a defendant is placed on probation pursuant to Section 77-18-1:
1504          (A) the court shall determine complete restitution and court-ordered restitution; and
1505          (B) the time period for determination of complete restitution and court-ordered
1506     restitution may be extended by the court upon a finding of good cause, but may not exceed the
1507     period of the probation term served by the defendant.
1508          (iii) If the defendant is committed to prison:
1509          (A) any pecuniary damages that have not been determined by the court within one year
1510     after sentencing may be determined by the Board of Pardons and Parole; and
1511          (B) the Board of Pardons and Parole may, within one year after sentencing, refer an
1512     order of judgment and commitment back to the court for determination of restitution.
1513          Section 36. Section 77-38a-404 is amended to read:

1514          77-38a-404. Priority.
1515          (1) Restitution payments made pursuant to a court order shall be disbursed to victims
1516     within 60 days of receipt from the defendant by the court or department provided:
1517          (a) the victim has complied with Subsection 77-38a-203(1)(b);
1518          (b) if the defendant has tendered a negotiable instrument, funds from the financial
1519     institution are actually received; and
1520          (c) the payment to the victim is at least $5, unless the payment is the final payment.
1521          (2) If restitution to more than one person, agency, or entity is required at the same time,
1522     the department shall establish the following priorities of payment, except as provided in
1523     Subsection (4):
1524          (a) the crime victim;
1525          (b) the Utah Office for Victims of Crime;
1526          (c) any other government agency which has provided reimbursement to the victim as a
1527     result of the offender's criminal conduct;
1528          (d) the person, entity, or governmental agency that has offered and paid a reward under
1529     Section 77-32a-101 [or 78A-6-117];
1530          (e) any insurance company which has provided reimbursement to the victim as a result
1531     of the offender's criminal conduct; and
1532          (f) any county correctional facility to which the defendant is required to pay restitution
1533     under Subsection 76-3-201(6).
1534          (3) Restitution ordered under Subsection (2)(f) is paid after criminal fines and
1535     surcharges are paid.
1536          (4) If the offender is required under Section 53-10-404 to reimburse the department for
1537     the cost of obtaining the offender's DNA specimen, this reimbursement is the next priority after
1538     restitution to the crime victim under Subsection (2)(a).
1539          (5) All money collected for court-ordered obligations from offenders by the department
1540     will be applied:

1541          (a) first, to victim restitution, except the current and past due amount of $30 per month
1542     required to be collected by the department under Section 64-13-21, if applicable; and
1543          (b) second, if applicable, to the cost of obtaining a DNA specimen under Subsection
1544     (4).
1545          (6) Restitution owed to more than one victim shall be disbursed to each victim
1546     according to the percentage of each victim's share of the total restitution order.
1547          Section 37. Section 78A-5-102 is amended to read:
1548          78A-5-102. Jurisdiction -- Appeals.
1549          (1) As used in this section:
1550          (a) "Qualifying offense" means an offense described in Subsection 78A-6-703.2(1)(b).
1551          (b) "Separate offense" means any offense that is not a qualifying offense.
1552          (c) "Single criminal episode" means the same as that term is defined in Section
1553     76-1-401.
1554          [(1) The] (2) Except as otherwise provided by the Utah Constitution or by statute, the
1555     district court has original jurisdiction in all matters civil and criminal[, not excepted in the Utah
1556     Constitution and not prohibited by law].
1557          [(2) The district court judges]
1558          (3) A district court judge may issue all extraordinary writs and other writs necessary to
1559     carry into effect [their] the district court judge's orders, judgments, and decrees.
1560          [(3)] (4) The district court has jurisdiction over matters of lawyer discipline consistent
1561     with the rules of the Supreme Court.
1562          [(4)] (5) The district court has jurisdiction over all matters properly filed in the circuit
1563     court prior to July 1, 1996.
1564          [(5)] (6) The district court has appellate jurisdiction over judgments and orders of the
1565     justice court as outlined in Section 78A-7-118 and small claims appeals filed [pursuant to] in
1566     accordance with Section 78A-8-106.
1567          [(6) Appeals] (7) Jurisdiction over appeals from the final orders, judgments, and

1568     decrees of the district court [are under] is described in Sections 78A-3-102 and 78A-4-103.
1569          [(7)] (8) The district court has jurisdiction to review:
1570          (a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4,
1571     Administrative Procedures Act, and shall comply with the requirements of that chapter in its
1572     review of agency adjudicative proceedings; and
1573          (b) municipal administrative proceedings in accordance with Section 10-3-703.7.
1574          [(8) Notwithstanding Subsection (1), the district court has subject matter jurisdiction in
1575     class B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only
1576     if:]
1577          (9) Notwithstanding Section 78A-7-106, the district court has original jurisdiction
1578     over:
1579          (a) a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
1580     ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
1581          [(a)] (i) there is no justice court with territorial jurisdiction;
1582          [(b)] (ii) the offense occurred within the boundaries of the municipality in which the
1583     district courthouse is located and that municipality has not formed, or has not formed and then
1584     dissolved, a justice court; or
1585          [(c) they are] (iii) the offense is included in an indictment or information covering a
1586     single criminal episode alleging the commission of a felony or a class A misdemeanor[.] by an
1587     individual who is 18 years old or older ; or
1588          (b) a qualifying offense committed by an individual who is 16 or 17 years old.
1589          [(9) If the district court has subject matter jurisdiction pursuant to Subsection (5) or (8),
1590     it also has jurisdiction over offenses listed in Section 78A-7-106 even if those offenses are
1591     committed by a person 16 years of age or older.]
1592          (10) (a) Notwithstanding Subsection 78A-7-106(2), the district court has exclusive
1593     jurisdiction over any separate offense:
1594          (i) committed by an individual who is 16 or 17 years old; and

1595          (ii) arising from a single criminal episode containing a qualifying offense for which the
1596     district court has original jurisdiction under Subsection (9)(b).
1597          (b) If an individual who is charged with a qualifying offense enters a plea to, or is
1598     found guilty of, a separate offense other than the qualifying offense, the district court shall have
1599     jurisdiction over the separate offense.
1600          (c) If an individual who is 16 or 17 years old is charged with a qualifying offense and
1601     the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal, the
1602     exclusive jurisdiction of the district court over any separate offense is terminated.
1603          (11) If a district court has jurisdiction in accordance with Subsection (6), (9)(a)(i), or
1604     (9)(a)(ii), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2)
1605     even if the offense is committed by an individual who is 16 or 17 years old.
1606          (12) The district court has subject matter jurisdiction over an offense for which the
1607     juvenile court has original jurisdiction if the juvenile court transfers jurisdiction over the
1608     offense to the district court in accordance with Section 78A-6-703.5.
1609          [(10)] (13) The district court has subject matter jurisdiction [of actions] over an action
1610     under Title 78B, Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the
1611     [case] action to the district court.
1612          Section 38. Section 78A-6-103 is amended to read:
1613          78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
1614          [(1) Except as otherwise provided by law, the juvenile court has exclusive original
1615     jurisdiction in proceedings concerning:]
1616          [(a) a child who has violated any federal, state, or local law or municipal ordinance or a
1617     person younger than 21 years of age who has violated any law or ordinance before becoming
1618     18 years of age, regardless of where the violation occurred, excluding offenses:]
1619          [(i) in Section 53G-8-211 until such time that the child is referred to the courts under
1620     Section 53G-8-211; and]
1621          [(ii) in Subsection 78A-7-106(2);]

1622          (1) Except as otherwise provided by Subsections 78A-5-102(9), 78A-5-102(10), and
1623     78A-7-106(2), the juvenile court has original jurisdiction over:
1624          (a) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1625     state, or federal law, that was committed by a child; and
1626          (b) a felony, misdemeanor, infraction, or violation of an ordinance, under municipal,
1627     state, or federal law, that was committed by an individual:
1628          (i) who is under 21 years old at the time of all court proceedings; and
1629          (ii) who was under 18 years old at the time the offense was committed.
1630          (2) The juvenile court has original jurisdiction over any proceeding concerning:
1631          [(b)] (a) a child who is an abused child, neglected child, or dependent child, as those
1632     terms are defined in Section 78A-6-105;
1633          [(c)] (b) a protective order for a child [pursuant to] in accordance with Title 78B,
1634     Chapter 7, Part 2, Child Protective Orders, which the juvenile court may transfer to the district
1635     court if the juvenile court has entered an ex parte protective order and finds that:
1636          (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
1637     parent of the child who is the object of the petition;
1638          (ii) the district court has a petition pending or an order related to custody or parent-time
1639     entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
1640     or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
1641     respondent are parties; and
1642          (iii) the best interests of the child will be better served in the district court;
1643          [(d)] (c) the appointment of a guardian of the [person] individual or other guardian of a
1644     minor who comes within the court's jurisdiction under other provisions of this section;
1645          [(e)] (d) the emancipation of a minor in accordance with Part 8, Emancipation;
1646          [(f)] (e) the termination of the legal parent-child relationship in accordance with Part 5,
1647     Termination of Parental Rights Act, including termination of residual parental rights and
1648     duties;

1649          [(g)] (f) the treatment or commitment of a minor who has an intellectual disability;
1650          [(h)] (g) the judicial consent to the marriage of a minor 16 or 17 years old upon a
1651     determination of voluntariness or where otherwise required by law;
1652          [(i)] (h) any parent [or parents] of a child committed to a secure youth facility, to order,
1653     at the discretion of the court and on the recommendation of a secure facility, the parent [or
1654     parents] of a child committed to a secure facility for a custodial term, to undergo group
1655     rehabilitation therapy under the direction of a secure facility therapist, who has supervision of
1656     that parent's [or parents'] child, or any other therapist the court may direct, for a period directed
1657     by the court as recommended by a secure facility;
1658          [(j)] (i) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
1659          [(k) subject to Subsection (8),]
1660          (j) the treatment or commitment of a child with a mental illness in accordance with
1661     Subsection (11) ;
1662          [(l)] (k) the commitment of a child to a secure drug or alcohol facility in accordance
1663     with Section 62A-15-301;
1664          [(m)] (l) a minor found not competent to proceed [pursuant to] in accordance with
1665     Section 78A-6-1301;
1666          [(n)] (m) de novo review of final agency actions resulting from an informal
1667     adjudicative proceeding as provided in Section 63G-4-402; and
1668          [(o)] (n) adoptions conducted in accordance with the procedures described in Title
1669     78B, Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an
1670     order terminating the rights of a parent and finds that adoption is in the best interest of the
1671     child.
1672          [(2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
1673     court has exclusive jurisdiction over the following offenses committed by a child:]
1674          [(i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;]
1675          [(ii) Section 73-18-12, reckless operation; and]

1676          [(iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
1677     of a single criminal episode filed in a petition that contains an offense over which the court has
1678     jurisdiction.]
1679          [(b) A juvenile court may only order substance use disorder treatment or an educational
1680     series if the minor has an assessed need for the intervention on the basis of the results of a
1681     validated assessment.]
1682          (3) (a) Except as provided in Subsection (3)(c), the juvenile court has exclusive
1683     jurisdiction over a felony, misdemeanor, infraction, or violation of an ordinance:
1684          (i) committed by a child and that arises from a single criminal episode containing an
1685     offense for which:
1686          (A) a citation, petition, indictment, or criminal information is filed; and
1687          (B) the court has original jurisdiction; and
1688          (ii) committed by an individual who is under 21 years old at the time of all court
1689     proceedings, but committed before the individual was 18 years old, and that arises from a
1690     single criminal episode containing an offense for which:
1691          (A) a citation, petition, indictment, or criminal information is filed; and
1692          (B) the court has original jurisdiction.
1693          (b) For purposes of this Subsection (3), the juvenile court has jurisdiction over the
1694     following offenses committed by an individual who is under 21 years old at the time of all
1695     court proceedings, but was under 18 years old at the time the offense was committed:
1696          (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and
1697          (ii) Section 73-18-12.
1698          (c) If a juvenile court transfers jurisdiction of an offense to the district court under
1699     Section 78A-6-703.5, the exclusive jurisdiction of the juvenile court over that offense is
1700     terminated.
1701          (4) (a) As used in this Subsection (4):
1702          (i) "Qualifying offense" means an offense described in Sections 78A-3-703.2 and

1703     78A-3-703.3.
1704          (ii) "Separate offense" means any offense that is not a qualifying offense.
1705          (b) The juvenile court:
1706          (i) regains exclusive jurisdiction over any separate offense described in Subsection
1707     (3)(a) if:
1708          (A) the individual who is alleged to have committed the separate offense is bound over
1709     to the district court for a qualifying offense under Section 78A-6-703.5; and
1710          (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal;
1711     and
1712          (ii) gains exclusive jurisdiction over any separate offense described in Subsection
1713     (3)(a) if:
1714          (A) the individual who is alleged to have committed the separate offense is charged for
1715     a qualifying offense under Section 78A-6-703.2 in the district court; and
1716          (B) the qualifying offense results in an acquittal, a finding of not guilty, or a dismissal
1717     in the district court.
1718          [(3)] (5) The juvenile court has jurisdiction over an ungovernable or runaway child
1719     who is referred to [it] the juvenile court by the Division of Child and Family Services or by
1720     public or private agencies that contract with the division to provide services to that child when,
1721     despite earnest and persistent efforts by the division or agency, the child has demonstrated that
1722     the child:
1723          (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
1724     extent that the child's behavior or condition endangers the child's own welfare or the welfare of
1725     others; or
1726          (b) has run away from home.
1727          (6) The juvenile court has continuing jurisdiction over a minor's case for an offense
1728     that is adjudicated under Section 78A-6-117 until jurisdiction is terminated in accordance with
1729     Section 78A-6-120.

1730          [(4)] (7) This section does not restrict the right of access to the juvenile court by private
1731     agencies or other persons.
1732          [(5)] (8) The juvenile court has jurisdiction of all magistrate functions relative to cases
1733     arising under [Section 78A-6-702] Part 7, Transfer of Jurisdiction.
1734          [(6)] (9) The juvenile court has jurisdiction to make a finding of substantiated,
1735     unsubstantiated, or without merit, in accordance with Section 78A-6-323.
1736          [(7)] (10) The juvenile court has subject matter jurisdiction [of] over matters
1737     transferred to [it] the juvenile court by another trial court [pursuant to] in accordance with
1738     Subsection 78A-7-106[(5)](4) [and subject to Section 53G-8-211] and Section 78A-6-601.
1739          [(8)] (11) The juvenile court may commit a child to the physical custody of a local
1740     mental health authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of
1741     Persons Under Age 18 to Division of Substance Abuse and Mental Health, but not directly to
1742     the Utah State Hospital.
1743          Section 39. Section 78A-6-104 is amended to read:
1744          78A-6-104. Concurrent jurisdiction.
1745          (1) The district court, or any other court, has concurrent jurisdiction with the juvenile
1746     court [as follows: (a) when a person who is 18 years of age or older and who is under the
1747     continuing jurisdiction of the juvenile court under Section 78A-6-117 violates any federal,
1748     state, or local law or municipal ordinance; and (b)] in establishing paternity and ordering
1749     testing for the purposes of establishing paternity, in accordance with Title 78B, Chapter 15,
1750     Utah Uniform Parentage Act, with regard to proceedings initiated under Part 3, Abuse, Neglect,
1751     and Dependency Proceedings, or Part 5, Termination of Parental Rights Act.
1752          (2) The juvenile court has jurisdiction over petitions to modify a minor's birth
1753     certificate if the court otherwise has jurisdiction over the minor.
1754          (3) This section does not deprive the district court of jurisdiction to appoint a guardian
1755     for a child, or to determine the support, custody, and parent-time of a child upon writ of habeas
1756     corpus or when the question of support, custody, and parent-time is incidental to the

1757     determination of a cause in the district court.
1758          (4) (a) When a support, custody, or parent-time award has been made by a district court
1759     in a divorce action or other proceeding, and the jurisdiction of the district court in the case is
1760     continuing, the juvenile court may acquire jurisdiction in a case involving the same child if the
1761     child is dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile
1762     court under Section 78A-6-103.
1763          (b) The juvenile court may, by order, change the custody, subject to Subsection
1764     30-3-10(6), support, parent-time, and visitation rights previously ordered in the district court as
1765     necessary to implement the order of the juvenile court for the safety and welfare of the child.
1766     The juvenile court order remains in effect so long as the jurisdiction of the juvenile court
1767     continues.
1768          (c) If a copy of the findings and order of the juvenile court has been filed with the
1769     district court, the findings and order of the juvenile court are binding on the parties to the
1770     divorce action as though entered in the district court.
1771          (5) The juvenile court has jurisdiction over questions of custody, support, and
1772     parent-time of a minor who comes within the court's jurisdiction under this section or Section
1773     78A-6-103.
1774          Section 40. Section 78A-6-105 is amended to read:
1775          78A-6-105. Definitions.
1776          As used in this chapter:
1777          (1) (a) "Abuse" means:
1778          (i) (A) nonaccidental harm of a child;
1779          (B) threatened harm of a child;
1780          (C) sexual exploitation;
1781          (D) sexual abuse; or
1782          (E) human trafficking of a child in violation of Section 76-5-308.5; or
1783          (ii) that a child's natural parent:

1784          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
1785     child;
1786          (B) is identified by a law enforcement agency as the primary suspect in an investigation
1787     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
1788          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
1789     recklessly causing the death of another parent of the child.
1790          (b) "Abuse" does not include:
1791          (i) reasonable discipline or management of a child, including withholding privileges;
1792          (ii) conduct described in Section 76-2-401; or
1793          (iii) the use of reasonable and necessary physical restraint or force on a child:
1794          (A) in self-defense;
1795          (B) in defense of others;
1796          (C) to protect the child; or
1797          (D) to remove a weapon in the possession of a child for any of the reasons described in
1798     Subsections (1)(b)(iii)(A) through (C).
1799          (2) "Abused child" means a child who has been subjected to abuse.
1800          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
1801     facts alleged in the petition have been proved. [A]
1802          (b) "Adjudication" does not mean a finding of not competent to proceed [pursuant to]
1803     in accordance with Section 78A-6-1302 [is not an adjudication].
1804          (4) (a) "Adult" means an individual [18 years of age or over, except that an individual
1805     18 years or over under] who is 18 years old or older.
1806          (b) "Adult" does not include an individual:
1807          (i) who is 18 years old or older; and
1808          (ii) whose case is under the continuing jurisdiction of the juvenile court [pursuant to] in
1809     accordance with Section 78A-6-120 [shall be referred to as a minor].
1810          (5) "Board" means the Board of Juvenile Court Judges.

1811          (6) "Child" means an individual who is under 18 years [of age] old.
1812          (7) "Child placement agency" means:
1813          (a) a private agency licensed to receive a child for placement or adoption under this
1814     code; or
1815          (b) a private agency that receives a child for placement or adoption in another state,
1816     which agency is licensed or approved where such license or approval is required by law.
1817          (8) "Clandestine laboratory operation" means the same as that term is defined in
1818     Section 58-37d-3.
1819          (9) "Commit" means, unless specified otherwise:
1820          (a) with respect to a child, to transfer legal custody; and
1821          (b) with respect to a minor who is at least 18 years [of age] old, to transfer custody.
1822          (10) "Court" means the juvenile court.
1823          (11) "Criminogenic risk factors" means evidence-based factors that are associated with
1824     a minor's likelihood of reoffending.
1825          (12) "Delinquent act" means an act that would constitute a felony or misdemeanor if
1826     committed by an adult.
1827          (13) "Department" means the Department of Human Services created in Section
1828     62A-1-102.
1829          (14) "Dependent child" includes a child who is homeless or without proper care
1830     through no fault of the child's parent, guardian, or custodian.
1831          (15) "Deprivation of custody" means transfer of legal custody by the court from a
1832     parent or the parents or a previous legal custodian to another person, agency, or institution.
1833          (16) "Detention" means home detention and secure detention as defined in Section
1834     62A-7-101 for the temporary care of a minor who requires secure custody in a physically
1835     restricting facility:
1836          (a) pending court disposition or transfer to another jurisdiction; or
1837          (b) while the minor's case is under the continuing jurisdiction of the court.

1838          (17) "Detention risk assessment tool" means an evidence-based tool established under
1839     Section 78A-6-124, on and after July 1, 2018, that assesses a minor's risk of failing to appear in
1840     court or reoffending pre-adjudication and designed to assist in making detention
1841     determinations.
1842          (18) "Developmental immaturity" means incomplete development in one or more
1843     domains which manifests as a functional limitation in the minor's present ability to consult with
1844     counsel with a reasonable degree of rational understanding and have a rational as well as
1845     factual understanding of the proceedings.
1846          (19) "Division" means the Division of Child and Family Services.
1847          (20) "Educational neglect" means that, after receiving a notice of compulsory education
1848     violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
1849     ensure that the child receives an appropriate education.
1850          (21) "Educational series" means an evidence-based instructional series:
1851          (a) obtained at a substance abuse program that is approved by the Division of
1852     Substance Abuse and Mental Health in accordance with Section 62A-15-105; and
1853          (b) designed to prevent substance use or the onset of a mental health disorder.
1854          [(21)] (22) "Evidence-based" means a program or practice that has had multiple
1855     randomized control studies or a meta-analysis demonstrating that the program or practice is
1856     effective for a specific population or has been rated as effective by a standardized program
1857     evaluation tool.
1858          [(22)] (23) "Forensic evaluator" means the same as that term is defined in Section
1859     77-15-2.
1860          [(23)] (24) "Formal probation" means a minor is under field supervision by the
1861     probation department or other agency designated by the court and subject to return to the court
1862     in accordance with Section 78A-6-123 on and after July 1, 2018.
1863          [(24)] (25) "Formal referral" means a written report from a peace officer or other
1864     person informing the court that a minor is, or appears to be, within the court's jurisdiction and

1865     that [a case] the minor's case must be reviewed by the court's probation department or a
1866     prosecuting attorney.
1867          [(25)] (26) "Group rehabilitation therapy" means psychological and social counseling
1868     of one or more individuals in the group, depending upon the recommendation of the therapist.
1869          [(26)] (27) "Guardianship of the person" includes the authority to consent to:
1870          (a) marriage;
1871          (b) enlistment in the armed forces;
1872          (c) major medical, surgical, or psychiatric treatment; or
1873          (d) legal custody, if legal custody is not vested in another individual, agency, or
1874     institution.
1875          [(27)] (28) "Habitual truant" means the same as that term is defined in Section
1876     53G-6-201.
1877          [(28)] (29) "Harm" means:
1878          (a) physical or developmental injury or damage;
1879          (b) emotional damage that results in a serious impairment in the child's growth,
1880     development, behavior, or psychological functioning;
1881          (c) sexual abuse; or
1882          (d) sexual exploitation.
1883          [(29)] (30) (a) "Incest" means engaging in sexual intercourse with an individual whom
1884     the perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
1885     nephew, niece, or first cousin.
1886          (b) The relationships described in Subsection [(29)] (30)(a) include:
1887          (i) blood relationships of the whole or half blood, without regard to legitimacy;
1888          (ii) relationships of parent and child by adoption; and
1889          (iii) relationships of stepparent and stepchild while the marriage creating the
1890     relationship of a stepparent and stepchild exists.
1891          [(30)] (31) "Intake probation" means a period of court monitoring that does not include

1892     field supervision, but is overseen by a juvenile probation officer, during which a minor is
1893     subject to return to the court in accordance with Section 78A-6-123 on and after July 1, 2018.
1894          [(31)] (32) "Intellectual disability" means a significant subaverage general intellectual
1895     functioning existing concurrently with deficits in adaptive behavior that constitutes a
1896     substantial limitation to the individual's ability to function in society.
1897          [(32)] (33) "Legal custody" means a relationship embodying the following rights and
1898     duties:
1899          (a) the right to physical custody of the minor;
1900          (b) the right and duty to protect, train, and discipline the minor;
1901          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
1902     medical care;
1903          (d) the right to determine where and with whom the minor shall live; and
1904          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
1905          [(33)] (34) "Material loss" means an uninsured:
1906          (a) property loss;
1907          (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
1908          (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
1909     police or prosecution; or
1910          (d) medical [expenses] expense.
1911          [(34)] (35) "Mental illness" means:
1912          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1913     behavioral, or related functioning; or
1914          (b) the same as that term is defined in:
1915          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1916     published by the American Psychiatric Association; or
1917          (ii) the current edition of the International Statistical Classification of Diseases and
1918     Related Health Problems.

1919          [(35)] (36) "Minor" means:
1920          [(a) a child; or]
1921          [(b) an individual who is:]
1922          [(i) at least 18 years of age and younger than 21 years of age; and]
1923          [(ii) under the jurisdiction of the juvenile court.]
1924          (a) for the purpose of juvenile delinquency:
1925          (i) a child; or
1926          (ii) an individual:
1927          (A) who is at least 18 years old and younger than 25 years old; and
1928          (B) whose case is under the jurisdiction of the juvenile court; and
1929          (b) for all other purposes in this chapter:
1930          (i) a child; or
1931          (ii) an individual:
1932          (A) who is at least 18 years old and younger than 21 years old; and
1933          (B) whose case is under the jurisdiction of the juvenile court.
1934          [(36)] (37) "Mobile crisis outreach team" means a crisis intervention service for
1935     [minors or families of minors experiencing] a minor or the family of a minor experiencing a
1936     behavioral health or psychiatric [emergencies] emergency.
1937          [(37)] (38) "Molestation" means that an individual, with the intent to arouse or gratify
1938     the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any
1939     child, or the breast of a female child, or takes indecent liberties with a child as defined in
1940     Section 76-5-416.
1941          [(38)] (39) (a) "Natural parent" means a minor's biological or adoptive parent[, and].
1942          (b) "Natural parent" includes the minor's noncustodial parent.
1943          [(39)] (40) (a) "Neglect" means action or inaction causing:
1944          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
1945     Relinquishment of a Newborn Child;

1946          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
1947     guardian, or custodian;
1948          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
1949     subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
1950     well-being;
1951          (iv) a child to be at risk of being neglected or abused because another child in the same
1952     home is neglected or abused;
1953          (v) abandonment of a child through an unregulated custody transfer; or
1954          (vi) educational neglect.
1955          (b) "Neglect" does not include:
1956          (i) a parent or guardian legitimately practicing religious beliefs and who, for that
1957     reason, does not provide specified medical treatment for a child;
1958          (ii) a health care decision made for a child by the child's parent or guardian, unless the
1959     state or other party to a proceeding shows, by clear and convincing evidence, that the health
1960     care decision is not reasonable and informed;
1961          (iii) a parent or guardian exercising the right described in Section 78A-6-301.5; or
1962          (iv) permitting a child, whose basic needs are met and who is of sufficient age and
1963     maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
1964     including:
1965          (A) traveling to and from school, including by walking, running, or bicycling;
1966          (B) traveling to and from nearby commercial or recreational facilities;
1967          (C) engaging in outdoor play;
1968          (D) remaining in a vehicle unattended, except under the conditions described in
1969     Subsection 76-10-2202(2);
1970          (E) remaining at home unattended; or
1971          (F) engaging in a similar independent activity.
1972          [(40)] (41) "Neglected child" means a child who has been subjected to neglect.

1973          [(41)] (42) "Nonjudicial adjustment" means closure of the case by the assigned
1974     probation officer without judicial determination upon the consent in writing of:
1975          (a) the assigned probation officer; and
1976          (b) (i) the minor; or
1977          (ii) the minor and the minor's parent, legal guardian, or custodian.
1978          [(42)] (43) "Not competent to proceed" means that a minor, due to a mental illness,
1979     intellectual disability or related condition, or developmental immaturity, lacks the ability to:
1980          (a) understand the nature of the proceedings against [them] the minor or of the
1981     potential disposition for the offense charged; or
1982          (b) consult with counsel and participate in the proceedings against [them] the minor
1983     with a reasonable degree of rational understanding.
1984          [(43)] (44) "Physical abuse" means abuse that results in physical injury or damage to a
1985     child.
1986          [(44)] (45) "Probation" means a legal status created by court order following an
1987     adjudication on the ground of a violation of law or under Section 78A-6-103, whereby the
1988     minor is permitted to remain in the minor's home under prescribed conditions.
1989          (46) "Prosecuting attorney" means:
1990          (a) the attorney general and any assistant attorney general;
1991          (b) any district attorney or deputy district attorney;
1992          (c) any county attorney or assistant county attorney; and
1993          (d) any other attorney authorized to commence an action on behalf of the state.
1994          [(45)] (47) "Protective supervision" means a legal status created by court order
1995     following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor
1996     is permitted to remain in the minor's home, and supervision and assistance to correct the abuse,
1997     neglect, or dependency is provided by the probation department or other agency designated by
1998     the court.
1999          [(46)] (48) (a) "Related condition" means a condition that:

2000          (i) is found to be closely related to intellectual disability;
2001          (ii) results in impairment of general intellectual functioning or adaptive behavior
2002     similar to that of an intellectually disabled individual;
2003          (iii) is likely to continue indefinitely; and
2004          (iv) constitutes a substantial limitation to the individual's ability to function in society.
2005          (b) "Related condition" does not include mental illness, psychiatric impairment, or
2006     serious emotional or behavioral disturbance.
2007          [(47)] (49) (a) "Residual parental rights and duties" means those rights and duties
2008     remaining with the parent after legal custody or guardianship, or both, have been vested in
2009     another person or agency, including:
2010          (i) the responsibility for support;
2011          (ii) the right to consent to adoption;
2012          (iii) the right to determine the child's religious affiliation; and
2013          (iv) the right to reasonable parent-time unless restricted by the court.
2014          (b) If no guardian has been appointed, "residual parental rights and duties" [also
2015     include] includes the right to consent to:
2016          (i) marriage;
2017          (ii) enlistment; and
2018          (iii) major medical, surgical, or psychiatric treatment.
2019          [(48)] (50) "Secure facility" means any facility operated by or under contract with the
2020     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for
2021     youth offenders committed to the division for custody and rehabilitation [pursuant to] in
2022     accordance with Subsection 78A-6-117(2)(d).
2023          [(49)] (51) "Severe abuse" means abuse that causes or threatens to cause serious harm
2024     to a child.
2025          [(50)] (52) "Severe neglect" means neglect that causes or threatens to cause serious
2026     harm to a child.

2027          [(51)] (53) "Sexual abuse" means:
2028          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
2029     adult directed towards a child;
2030          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
2031     committed by a child towards another child if:
2032          (i) there is an indication of force or coercion;
2033          (ii) the children are related, as described in Subsection [(29)] (30), including siblings
2034     by marriage while the marriage exists or by adoption;
2035          (iii) there have been repeated incidents of sexual contact between the two children,
2036     unless the children are 14 years [of age] old or older; or
2037          (iv) there is a disparity in chronological age of four or more years between the two
2038     children;
2039          (c) engaging in any conduct with a child that would constitute an offense under any of
2040     the following, regardless of whether the individual who engages in the conduct is actually
2041     charged with, or convicted of, the offense:
2042          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
2043     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
2044          (ii) child bigamy, Section 76-7-101.5;
2045          (iii) incest, Section 76-7-102;
2046          (iv) lewdness, Section 76-9-702;
2047          (v) sexual battery, Section 76-9-702.1;
2048          (vi) lewdness involving a child, Section 76-9-702.5; or
2049          (vii) voyeurism, Section 76-9-702.7; or
2050          (d) subjecting a child to participate in or threatening to subject a child to participate in
2051     a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
2052     marriage.
2053          [(52)] (54) "Sexual exploitation" means knowingly:

2054          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
2055          (i) pose in the nude for the purpose of sexual arousal of any individual; or
2056          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
2057     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
2058          (b) displaying, distributing, possessing for the purpose of distribution, or selling
2059     material depicting a child:
2060          (i) in the nude, for the purpose of sexual arousal of any individual; or
2061          (ii) engaging in sexual or simulated sexual conduct; or
2062          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
2063     sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
2064     is actually charged with, or convicted of, the offense.
2065          [(53)] (55) "Shelter" means the temporary care of a child in a physically unrestricted
2066     facility pending court disposition or transfer to another jurisdiction.
2067          (56) "Single criminal episode" means the same as that term is defined in Section
2068     76-1-401.
2069          [(54)] (57) "Status offense" means a violation of the law that would not be a violation
2070     but for the age of the offender.
2071          [(55)] (58) "Substance abuse" means the misuse or excessive use of alcohol or other
2072     drugs or substances.
2073          [(56)] (59) "Substantiated" means the same as that term is defined in Section
2074     62A-4a-101.
2075          [(57)] (60) "Supported" means the same as that term is defined in Section 62A-4a-101.
2076          [(58)] (61) "Termination of parental rights" means the permanent elimination of all
2077     parental rights and duties, including residual parental rights and duties, by court order.
2078          [(59)] (62) "Therapist" means:
2079          (a) an individual employed by a state division or agency for the purpose of conducting
2080     psychological treatment and counseling of a minor in its custody; or

2081          (b) any other individual licensed or approved by the state for the purpose of conducting
2082     psychological treatment and counseling.
2083          [(60)] (63) "Threatened harm" means actions, inactions, or credible verbal threats,
2084     indicating that the child is at an unreasonable risk of harm or neglect.
2085          [(61)] (64) "Unregulated custody transfer" means the placement of a child:
2086          (a) with an individual who is not the child's parent, step-parent, grandparent, adult
2087     sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
2088     whom the child is familiar, or a member of the child's federally recognized tribe;
2089          (b) with the intent of severing the child's existing parent-child or guardian-child
2090     relationship; and
2091          (c) without taking:
2092          (i) reasonable steps to ensure the safety of the child and permanency of the placement;
2093     and
2094          (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
2095     guardianship to the individual taking custody of the child.
2096          [(62)] (65) "Unsupported" means the same as that term is defined in Section
2097     62A-4a-101.
2098          [(63)] (66) "Unsubstantiated" means the same as that term is defined in Section
2099     62A-4a-101.
2100          [(64)] (67) "Validated risk and needs assessment" means an evidence-based tool that
2101     assesses a minor's risk of reoffending and a minor's criminogenic needs.
2102          (68) (a) "Victim" means a person that the court determines has suffered a material loss
2103     as a result of a minor's wrongful act or conduct.
2104          (b) "Victim" includes the Utah Office for Victims of Crime.
2105          [(65)] (69) "Without merit" means the same as that term is defined in Section
2106     62A-4a-101.
2107          Section 41. Section 78A-6-108 is amended to read:

2108          78A-6-108. Title of petition and other court documents -- Form and contents of
2109     petition -- Order for temporary custody or protective services -- Physical or psychological
2110     examination of minor, parent, or guardian -- Dismissal of petition.
2111          (1) The petition and all subsequent court documents in the proceeding shall be entitled:
2112          "State of Utah, in the interest of...................., [a person] an individual under 18 years
2113     [of age] old (or [a person] an individual under 21 years [of age] old)."
2114          (2) The petition shall be verified and statements in the petition may be made upon
2115     information and belief.
2116          (3) The petition shall be written in simple and brief language and include the facts
2117     which bring the minor within the jurisdiction of the court, as provided in Section 78A-6-103.
2118          (4) The petition shall further state:
2119          (a) the name, age, and residence of the minor;
2120          (b) the names and residences of the minor's parents;
2121          (c) the name and residence of the guardian, if there is one;
2122          (d) the name and address of the nearest known relative, if no parent or guardian of a
2123     minor is known; and
2124          (e) the name and residence of the person having physical custody of the minor. If any
2125     of the facts required are not known by the petitioner, the petition shall so state.
2126          (5) At any time after a petition is filed, the court may make an order:
2127          (a) providing for temporary custody of the minor; or
2128          (b) that the [Division of Child and Family Services] division provide protective
2129     services to the child, if the court determines that:
2130          (i) the child is at risk of being removed from the child's home due to abuse or neglect;
2131     and
2132          (ii) the provision of protective services may make the removal described in Subsection
2133     (5)(b)(i) unnecessary.
2134          (6) (a) The court may order that a minor concerning whom a petition has been filed

2135     shall be examined by a physician, surgeon, psychiatrist, or psychologist and may place the
2136     minor in a hospital or other facility for examination.
2137          (b) After notice and a hearing set for the specific purpose, the court may order a similar
2138     examination of a parent or guardian whose ability to care for a minor is at issue, if the court
2139     finds from the evidence presented at the hearing that the parent's or guardian's physical, mental,
2140     or emotional condition may be a factor in causing the neglect, dependency, or delinquency of
2141     the minor.
2142          [(7) Pursuant to Rule 506(d)(3), Utah Rules of Evidence, examinations conducted
2143     pursuant to Subsection (6) are not privileged communications, but are exempt from the general
2144     rule of privilege.]
2145          (7) An examination conducted in accordance with Subsection (6) is not a privileged
2146     communication under Utah Rules of Evidence, Rule 506(d)(3), and is exempt from the general
2147     rule of privilege.
2148          (8) The court may dismiss a petition at any stage of the proceedings.
2149          (9) If the petition is filed under Section 78A-6-304 or 78A-6-505, or if the matter is
2150     referred to the court under Subsection 78A-6-104(5), the court may require the parties to
2151     participate in mediation in accordance with Title 78B, Chapter 6, Part 2, Alternative Dispute
2152     Resolution Act.
2153          Section 42. Section 78A-6-112 is amended to read:
2154          78A-6-112. Minor taken into custody by peace officer, private citizen, or
2155     probation officer -- Grounds -- Notice requirements -- Release or detention -- Grounds
2156     for peace officer to take adult into custody.
2157          (1) A minor may be taken into custody by a peace officer without [order of the court
2158     if:] a court order if the officer has probable cause to believe that:
2159          (a) [in the presence of the officer] the minor has [violated a state law, federal law, local
2160     law, or municipal ordinance] committed an offense under municipal, state, or federal law;
2161          (b) [there are reasonable grounds to believe] the minor has committed an act which if

2162     committed by an adult would be a felony;
2163          (c) the minor:
2164          (i) (A) is seriously endangered in the minor's surroundings; or
2165          (B) seriously endangers others; and
2166          (ii) immediate removal appears to be necessary for the minor's protection or the
2167     protection of others;
2168          (d) [there are reasonable grounds to believe] the minor has run away or escaped from
2169     the minor's parents, guardian, or custodian; or
2170          (e) [there is reason to believe] that the minor is:
2171          (i) subject to the state's compulsory education law; and
2172          (ii) absent from school without legitimate or valid excuse, subject to Section
2173     53G-6-208.
2174          (2) (a) A private citizen or a probation officer may take a minor into custody if under
2175     the circumstances the private citizen or probation officer could make a citizen's arrest if the
2176     minor was an adult.
2177          (b) A probation officer may [also] take a minor into custody:
2178          (i) under the same circumstances as a peace officer in Subsection (1); [or if]
2179          (ii) if the minor has violated the conditions of probation[, if];
2180          (iii) if the minor is under the continuing jurisdiction of the juvenile court; or
2181          (iv) in emergency situations in which a peace officer is not immediately available.
2182          (3) (a) (i) If an officer or other person takes a minor into temporary custody under
2183     Subsection (1) or (2), the officer or person shall, without unnecessary delay, notify the parents,
2184     guardian, or custodian.
2185          (ii) The minor shall then be released to the care of the minor's parent or other
2186     responsible adult, unless the minor's immediate welfare or the protection of the community
2187     requires the minor's detention.
2188          (b) If the minor is taken into custody under Subsection (1) or (2) or placed in detention

2189     under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in
2190     violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent
2191     taking the minor into custody shall, as soon as practicable or as established under Subsection
2192     53G-8-402(2), notify the school superintendent of the district in which the minor resides or
2193     attends school for the purposes of the minor's supervision and student safety.
2194          (i) The notice shall disclose only:
2195          (A) the name of the minor;
2196          (B) the offense for which the minor was taken into custody or detention; and
2197          (C) if available, the name of the victim, if the victim:
2198          (I) resides in the same school district as the minor; or
2199          (II) attends the same school as the minor.
2200          (ii) The notice shall be classified as a protected record under Section 63G-2-305.
2201          (iii) All other records disclosures are governed by Title 63G, Chapter 2, Government
2202     Records Access and Management Act, and the federal Family Educational Rights and Privacy
2203     Act.
2204          (c) Employees of a governmental agency are immune from any criminal liability for
2205     providing or failing to provide the information required by this section unless the person acts or
2206     fails to act due to malice, gross negligence, or deliberate indifference to the consequences.
2207          (d) Before the minor is released, the parent or other person to whom the minor is
2208     released shall be required to sign a written promise on forms supplied by the court to bring the
2209     minor to the court at a time set or to be set by the court.
2210          (4) (a) A child may not be held in temporary custody by law enforcement any longer
2211     than is reasonably necessary to obtain the child's name, age, residence, and other necessary
2212     information and to contact the child's parents, guardian, or custodian.
2213          (b) If the minor is not released under Subsection (3), the minor shall be taken to a place
2214     of detention or shelter without unnecessary delay.
2215          (5) (a) The person who takes a minor to a detention or shelter facility shall promptly

2216     file with the detention or shelter facility a written report on a form provided by the division
2217     stating:
2218          (i) the details of the presently alleged offense;
2219          (ii) the facts that bring the minor within the jurisdiction of the juvenile court;
2220          (iii) the reason the minor was not released by law enforcement; and
2221          (iv) the eligibility of the minor under the division guidelines for detention admissions
2222     established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor
2223     is under consideration for detention.
2224          (b) (i) The designated facility staff person shall immediately review the form and
2225     determine, based on the guidelines for detention admissions established by the Division of
2226     Juvenile Justice Services under Section 62A-7-202, the results of the detention risk assessment,
2227     and the criteria for detention eligibility under Section 78A-6-113, whether to:
2228          (A) admit the minor to secure detention;
2229          (B) admit the minor to home detention;
2230          (C) place the minor in another alternative to detention; or
2231          (D) return the minor home upon written promise to bring the minor to the court at a
2232     time set, or without restriction.
2233          (ii) If the designated facility staff person determines to admit the minor to home
2234     detention, that staff person shall notify the juvenile court of that determination. The court shall
2235     order that notice be provided to the designated persons in the local law enforcement agency and
2236     the school or transferee school, if applicable, which the minor attends of the home detention.
2237     The designated persons may receive the information for purposes of the minor's supervision
2238     and student safety.
2239          (iii) Any employee of the local law enforcement agency and the school [which] that the
2240     minor attends who discloses the notification of home detention is not:
2241          (A) civilly liable except when disclosure constitutes fraud or willful misconduct as
2242     provided in Section 63G-7-202; and

2243          (B) civilly or criminally liable except when disclosure constitutes a knowing violation
2244     of Section 63G-2-801.
2245          (iv) The person who takes a minor to a detention facility or the designated facility staff
2246     person may release a minor to a less restrictive alternative even if the minor is eligible for
2247     secure detention under this Subsection (5).
2248          (c) A minor may not be admitted to detention unless:
2249          (i) the minor is detainable based on the guidelines; or
2250          (ii) the minor has been brought to detention [pursuant to] in accordance with:
2251          (A) a judicial order; or
2252          (B) a division warrant [pursuant to] in accordance with Section 62A-7-504.
2253          (d) If a minor taken to detention does not qualify for admission under the guidelines
2254     established by the division under Section 62A-7-104 or the eligibility criteria under Subsection
2255     (4) and this Subsection (5), detention staff shall arrange an appropriate alternative.
2256          (e) If a minor is taken into custody and admitted to a secure detention or shelter
2257     facility, facility staff shall:
2258          (i) immediately notify the minor's parents, guardian, or custodian; and
2259          (ii) promptly notify the court of the placement.
2260          (f) If the minor is admitted to a secure detention or shelter facility outside the county of
2261     the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3)
2262     that detention shall continue, the judge or commissioner shall direct the sheriff of the county of
2263     the minor's residence to transport the minor to a detention or shelter facility as provided in this
2264     section.
2265          (6) [A person] An individual may be taken into custody by a peace officer without a
2266     court order:
2267          (i) if the [person] individual is in apparent violation of a protective order; or
2268          (ii) if there is reason to believe that a child is being abused by the [person] individual
2269     and any of the situations [outlined] described in Section 77-7-2 exist.

2270          Section 43. Section 78A-6-113 is amended to read:
2271          78A-6-113. Placement of minor in detention or shelter facility -- Grounds --
2272     Detention hearings -- Period of detention -- Notice -- Confinement for criminal
2273     proceedings -- Bail laws inapplicable -- Exception.
2274          (1) (a) A minor may not be placed or kept in a secure detention facility pending court
2275     proceedings, except in accordance with Section 78A-6-112.
2276          (b) A child may not be placed or kept in a shelter facility pending court proceedings
2277     unless it is unsafe to leave the child with the child's parents, guardian, or custodian.
2278          (c) (i) A court may temporarily place in a detention facility, as provided in Subsection
2279     (4), a child who is taken into custody based upon a warrant issued under Subsection
2280     78A-6-106(6), if the court finds that detention is the least restrictive placement available to
2281     ensure the immediate safety of the child.
2282          (ii) A child placed in detention under Subsection (1)(c)(i) may not be held in detention
2283     longer than is necessary for the division to identify a less restrictive, available, and appropriate
2284     placement for the child.
2285          (2) (a) After admission of a child to a detention facility pursuant to Section 78A-6-112
2286     and immediate investigation by an authorized officer of the court, the judge or the officer shall
2287     order the release of the child to the child's [parents] parent, guardian, or custodian if [it is
2288     found] the judge or officer finds that the child can be safely returned to [their] the parent's, the
2289     guardian's, or the custodian's care, either upon written promise to bring the child to the court at
2290     a time set or without restriction.
2291          [(a)] (b) If a child's parent, guardian, or custodian fails to retrieve the child from a
2292     facility within 24 hours after notification of release, the parent, guardian, or custodian is
2293     responsible for the cost of care for the time the child remains in the facility.
2294          [(b)] (c) The facility shall determine the cost of care.
2295          [(c)] (d) Any money collected under this Subsection (2) shall be retained by the
2296     Division of Juvenile Justice Services to recover the cost of care for the time the child remains

2297     in the facility.
2298          (3) (a) When a child is detained in a detention or shelter facility, the parents or
2299     guardian shall be informed by the person in charge of the facility that the parent's or guardian's
2300     child has the right to a prompt hearing in court to determine whether the child is to be further
2301     detained or released.
2302          (b) When a minor is detained in a detention facility, the minor shall be informed by the
2303     person in charge of the facility that the minor has the right to a prompt hearing in court to
2304     determine whether the minor is to be further detained or released.
2305          (c) Detention hearings shall be held by the judge or by a commissioner.
2306          (d) The court may, at any time, order the release of the minor, whether a detention
2307     hearing is held or not.
2308          (e) If a child is released, and the child remains in the facility, because the parents,
2309     guardian, or custodian fails to retrieve the child, the parents, guardian, or custodian shall be
2310     responsible for the cost of care as provided in Subsections [(2)(a), (b), and (c)] (2)(b), (c), and
2311     (d).
2312          [(4) (a) A minor may not be held in a detention facility longer than 48 hours before a
2313     detention hearing, excluding weekends and holidays, unless the court has entered an order for
2314     continued detention.]
2315          (4) (a) A minor may not be held in a detention facility longer than 24 hours, unless a
2316     court determines that there is probable cause for the minor's arrest.
2317          (b) The court shall hold a detention hearing within 48 hours of the minor's arrest,
2318     excluding weekends and holidays, to determine whether the minor should:
2319          (i) remain in detention in accordance with Subsection (4)(f);
2320          (ii) be released to a parent or guardian; or
2321          (iii) be placed in any other party's custody as authorized by statute.
2322          (c) The probable cause determination under Subsection (4)(a) and the detention hearing
2323     under Subsection (4)(b) may occur at the same time if the probable cause determination and the

2324     detention hearing occur within the time frames under Subsection (4)(a) and (4)(b).
2325          [(b)] (d) A child may not be held in a shelter facility longer than 48 hours before a
2326     shelter hearing, excluding weekends and holidays, unless a court order for extended shelter has
2327     been entered by the court after notice to all parties described in Section 78A-6-306.
2328          [(c)] (e) A hearing for detention or shelter may not be waived. Detention staff shall
2329     provide the court with all information received from the person who brought the minor to the
2330     detention facility.
2331          [(d)] (f) The judge or commissioner may only order a minor to be held in the facility or
2332     be placed in another appropriate facility, subject to further order of the court, if the court finds
2333     at a detention hearing that:
2334          (i) releasing the minor to the minor's parent, guardian, or custodian presents an
2335     unreasonable risk to public safety;
2336          (ii) less restrictive nonresidential alternatives to detention have been considered and,
2337     where appropriate, attempted; and
2338          (iii) the minor is eligible for detention under the division guidelines for detention
2339     admissions established by the Division of Juvenile Justice Services, under Section 62A-7-202
2340     and under Section 78A-6-112.
2341          [(e)] (g) (i) After a detention hearing has been held, only the court may release a minor
2342     from detention. If a minor remains in a detention facility, periodic reviews shall be held
2343     [pursuant to the Utah State Juvenile Court Rules of Practice and Procedure] in accordance with
2344     the Utah Rules of Juvenile Procedure to ensure that continued detention is necessary.
2345          (ii) After a detention hearing for a violent felony, as defined in Section 76-3-203.5, or
2346     an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the court shall direct that
2347     notice of [its] the court's decision, including any disposition, order, or no contact orders, be
2348     provided to designated persons in the appropriate local law enforcement agency and the district
2349     superintendent or the school or transferee school, if applicable, that the minor attends. The
2350     designated persons may receive the information for purposes of the minor's supervision and

2351     student safety.
2352          (iii) Any employee of the local law enforcement agency, the school district, and the
2353     school that the minor attends who discloses the court's order of probation is not:
2354          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2355     provided in Section 63G-7-202; and
2356          (B) civilly or criminally liable except when disclosure constitutes a knowing violation
2357     of Section 63G-2-801.
2358          (5) A minor may not be held in a detention facility, following a dispositional order of
2359     the court for nonsecure substitute care as defined in Section 62A-4a-101, or for
2360     community-based placement under Section 62A-7-101.
2361          (6) (a) Except as otherwise provided in this section, a minor may not be held in a
2362     detention facility following a disposition order of the court for longer than 72 hours, excluding
2363     weekends and holidays.
2364          (b) The period of detention may be extended by the court for a cumulative total of
2365     seven calendar days if:
2366          (i) the Division of Juvenile Justice Services, or another agency responsible for
2367     placement, files a written petition with the court requesting the extension and setting forth good
2368     cause; and
2369          (ii) the court enters a written finding that it is in the best interests of both the minor and
2370     the community to extend the period of detention.
2371          (c) The court may extend the period of detention beyond the seven calendar days if the
2372     court finds by clear and convincing evidence that:
2373          (i) the Division of Juvenile Justice Services or another agency responsible for
2374     placement does not have space for the minor; and
2375          (ii) the safety of the minor and community requires an extension of the period of
2376     detention.
2377          (d) The Division of Juvenile Justice Services shall report to the court every 48 hours,

2378     excluding weekends and holidays, regarding [the status of] whether the Division of Juvenile
2379     Justice Services or another agency responsible for placement has space for the minor.
2380          (7) The agency requesting an extension shall promptly notify the detention facility that
2381     a written petition has been filed.
2382          (8) The court shall promptly notify the detention facility regarding [its] the court's
2383     initial disposition and any ruling on a petition for an extension, whether granted or denied.
2384          (9) (a) (i) A child [under 16 years of age] who is younger than 16 years old may not be
2385     held in a jail, lockup, or other place for adult detention, except as provided by [Section
2386     62A-7-201 or unless certified as an adult pursuant to Section 78A-6-703] Section 62A-7-201,
2387     78A-6-703.5, or 78A-6-703.6.
2388          (ii) Section 62A-7-201 regarding confinement facilities applies to this Subsection (9).
2389          (b) (i) A child [16 years of age or older] who is 16 years old or older and whose
2390     conduct or condition endangers the safety or welfare of others in the detention facility for
2391     children may, by court order that specifies the reasons, be detained in another place of
2392     confinement considered appropriate by the court, including a jail or other place of confinement
2393     for adults. [However, a]
2394          (ii) A secure facility is not an appropriate place of confinement for detention purposes
2395     under this section.
2396          (10) A sheriff, warden, or other official in charge of a jail or other facility for the
2397     detention of adult offenders or [persons] individuals charged [with crime] with an offense shall
2398     immediately notify the juvenile court when [a person] an individual who is or appears to be
2399     under 18 years [of age] old is received at the facility and shall make arrangements for the
2400     transfer of the [person] individual to a detention facility, unless otherwise ordered by the
2401     juvenile court.
2402          (11) This section does not apply to a minor who is brought to the adult facility [under
2403     charges pursuant to Section 78A-6-701 or by order of the juvenile court to be held for criminal
2404     proceedings in the district court under Section 78A-6-702 or 78A-6-703.] in accordance with

2405     Section 78A-6-703.2, 78A-6-703.5, or 78A-6-703.6.
2406          [(12) A minor held for criminal proceedings under Section 78A-6-701, 78A-6-702, or
2407     78A-6-703 may be detained in a jail or other place of detention used for adults charged with
2408     crime.]
2409          [(13) Provisions of law]
2410          (12) A provision of law regarding bail [are] is not applicable to minors detained or
2411     taken into custody under this chapter, except that bail may be allowed:
2412          (a) if a minor who need not be detained lives outside this state; or
2413          (b) when a minor who need not be detained comes within one of the classes in
2414     [Subsection 78A-6-603(11)] Section 78A-6-1101.
2415          [(14)] (13) Section 76-8-418 is applicable to a child who willfully and intentionally
2416     commits an act against a jail or other place of confinement, including a Division of Juvenile
2417     Justice Services detention, shelter, or secure confinement facility [which] that would be a third
2418     degree felony if committed by an adult.
2419          Section 44. Section 78A-6-116 is amended to read:
2420          78A-6-116. Minor's cases considered civil proceedings -- Effect of adjudication of
2421     jurisdiction by juvenile court -- Minor not to be charged with crime -- Exception for a
2422     prior adjudication -- Traffic violation cases -- Abstracts to Department of Public Safety.
2423          (1) Except as provided in [Sections 78A-6-701, 78A-6-702, and 78A-6-703] Section
2424     78A-6-703.2, 78A-6-703.5, or 78A-6-703.6, [proceedings] a proceeding in a minor's case [shall
2425     be regarded as civil proceedings] is a civil proceeding with the court exercising equitable
2426     powers.
2427          (2) (a) An adjudication by a juvenile court [that a minor is within its jurisdiction under
2428     Section 78A-6-103] of a minor under Section 78A-6-117 is not considered a conviction of a
2429     crime, except in cases involving traffic violations.
2430          (b) An adjudication may not:
2431          (i) operate to impose any civil disabilities upon the minor [nor to]; or

2432          (ii) disqualify the minor for any civil service or military service or appointment.
2433          (3) (a) [A] Except in cases involving traffic violations, and as provided in Section
2434     78A-6-703.2, 78A-6-703.3, or 78A-6-703.5, a minor may not be charged with a crime [or] and
2435     convicted in any court [except as provided in Sections 78A-6-701, 78A-6-702, and 78A-6-703,
2436     and in cases involving traffic violations. When].
2437          (b) Except as provided in Section 78A-6-703.5, if a petition [has been] is filed in the
2438     juvenile court, the minor may not later be [subjected] subject to criminal prosecution based on
2439     the same facts [except as provided in Section 78A-6-702 or 78A-6-703].
2440          (4) (a) An adjudication by a juvenile court [that a minor is within its jurisdiction under
2441     Section 78A-6-103] of a minor under Section 78A-6-117 is considered a conviction for the
2442     purposes of determining the level of offense for which a minor may be charged and enhancing
2443     the level of an offense in the juvenile court.
2444          (b) A prior adjudication may be used to enhance the level or degree of an offense
2445     committed by an adult only as otherwise specifically provided.
2446          (5) Abstracts of court records for all adjudications of traffic violations shall be
2447     submitted to the Department of Public Safety as provided in Section 53-3-218.
2448          (6) Information necessary to collect unpaid fines, fees, assessments, bail, or restitution
2449     may be forwarded to employers, financial institutions, law enforcement, constables, the Office
2450     of Recovery Services, or other agencies for purposes of enforcing the order as provided in
2451     Section 78A-6-117.
2452          Section 45. Section 78A-6-117 is amended to read:
2453          78A-6-117. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
2454     Enumeration of possible court orders -- Considerations of court.
2455          (1) (a) Except as provided in Subsection (1)(b), when a minor is found to come within
2456     Section 78A-6-103, the court shall adjudicate the case and make findings of fact upon which
2457     the court bases the court's jurisdiction over the [minor] case.
2458          (b) For a case described in Subsection 78A-6-103(1), findings of fact are not necessary.

2459          (c) If the court adjudicates a minor for [a crime] an offense of violence or an offense in
2460     violation of Title 76, Chapter 10, Part 5, Weapons, the court shall order that notice of the
2461     adjudication be provided to the school superintendent of the district in which the minor resides
2462     or attends school. Notice shall be made to the district superintendent within three days of the
2463     adjudication and shall include:
2464          (i) the specific offenses for which the minor was adjudicated; and
2465          (ii) if available, whether the victim:
2466          (A) resides in the same school district as the minor; or
2467          (B) attends the same school as the minor.
2468          (d) (i) An adjudicated minor shall undergo a risk screening or, if indicated, a validated
2469     risk and needs assessment.
2470          (ii) Results of the screening or assessment shall be used to inform disposition decisions
2471     and case planning. Assessment results, if available, may not be shared with the court before
2472     adjudication.
2473          (2) Upon adjudication the court may make the following dispositions by court order:
2474          (a) (i) the court may place the minor on probation or under protective supervision in
2475     the minor's own home and upon conditions determined by the court, including community or
2476     compensatory service;
2477          (ii) a condition ordered by the court under Subsection (2)(a)(i):
2478          (A) shall be individualized and address a specific risk or need;
2479          (B) shall be based on information provided to the court, including the results of a
2480     validated risk and needs assessment conducted under Subsection (1)(d);
2481          (C) if the court orders substance abuse treatment or an educational series, shall be
2482     based on a validated risk and needs assessment conducted under Subsection (1)(d); and
2483          (D) if the court orders protective supervision, may not designate the division as the
2484     provider of protective supervision unless there is a petition regarding abuse, neglect, or
2485     dependency before the court requesting that the division provide protective supervision;

2486          (iii) a court may not issue a standard order that contains control-oriented conditions;
2487          (iv) prohibitions on weapon possession, where appropriate, shall be specific to the
2488     minor and not the minor's family;
2489          (v) if the court orders probation, the court may direct that notice of the court's order be
2490     provided to designated individuals in the local law enforcement agency and the school or
2491     transferee school, if applicable, that the minor attends. The designated individuals may receive
2492     the information for purposes of the minor's supervision and student safety; and
2493          (vi) an employee of the local law enforcement agency and the school that the minor
2494     attends who discloses the court's order of probation is not:
2495          (A) civilly liable except when the disclosure constitutes fraud or willful misconduct as
2496     provided in Section 63G-7-202; and
2497          (B) civilly or criminally liable except when the disclosure constitutes a knowing
2498     violation of Section 63G-2-801.
2499          (b) The court may place the minor in the legal custody of a relative or other suitable
2500     individual, with or without probation or other court-specified child welfare services, but the
2501     juvenile court may not assume the function of developing foster home services.
2502          (c) The court shall only vest legal custody of the minor in the Division of Juvenile
2503     Justice Services and order the Division of Juvenile Justice Services to provide dispositional
2504     recommendations and services if:
2505          (i) nonresidential treatment options have been exhausted or nonresidential treatment
2506     options are not appropriate; and
2507          (ii) the minor is adjudicated under this section for a felony offense, a misdemeanor
2508     when the minor has five prior misdemeanors or felony adjudications arising from separate
2509     criminal episodes, or a misdemeanor involving the use of a dangerous weapon as defined in
2510     Section 76-1-601.
2511          (d) (i) The court may not vest legal custody of a minor in the Division of Juvenile
2512     Justice Services for:

2513          (A) contempt of court except to the extent permitted under Section 78A-6-1101;
2514          (B) a violation of probation;
2515          (C) failure to pay a fine, fee, restitution, or other financial obligation;
2516          (D) unfinished compensatory or community service hours;
2517          (E) an infraction; or
2518          (F) a status offense.
2519          (ii) (A) A minor who is 18 years old or older, but younger than 21 years old, may
2520     petition the court to express the minor's desire to be removed from the jurisdiction of the
2521     juvenile court and from the custody of the [Division of Child and Family Services] division if
2522     the minor is in the division's custody on grounds of abuse, neglect, or dependency.
2523          (B) If the minor's parent's rights have not been terminated in accordance with Part 5,
2524     Termination of Parental Rights Act, the minor's petition shall contain a statement from the
2525     minor's parent or guardian agreeing that the minor should be removed from the custody of the
2526     [Division of Child and Family Services] division.
2527          (C) The minor and the minor's parent or guardian shall sign the petition.
2528          (D) The court shall review the petition within 14 days.
2529          (E) The court shall remove the minor from the custody of the [Division of Child and
2530     Family Services] division if the minor and the minor's parent or guardian have met the
2531     requirements described in Subsections (2)(d)(ii)(B) and (C) and if the court finds, based on
2532     input from the [Division of Child and Family Services] division, the minor's guardian ad litem,
2533     and the Office of the Attorney General, that the minor does not pose an imminent threat to self
2534     or others.
2535          (F) A minor removed from custody under Subsection (2)(d)(ii)(E) may, within 90 days
2536     of the date of removal, petition the court to re-enter custody of the [Division of Child and
2537     Family Services] division.
2538          (G) Upon receiving a petition under Subsection (2)(d)(ii)(F), the court shall order the
2539     [Division of Child and Family Services] division to take custody of the minor based on the

2540     findings the court entered when the court originally vested custody in the [Division of Child
2541     and Family Services] division.
2542          (e) The court shall only commit a minor to the Division of Juvenile Justice Services for
2543     secure confinement if the court finds that:
2544          (i) (A) the minor poses a risk of harm to others; [and] or
2545          (B) the minor's conduct resulted in the victim's death; and
2546          (ii) the minor is adjudicated under this section for:
2547          [(i)] (A) a felony offense;
2548          [(ii)] (B) a misdemeanor if the minor has five prior misdemeanor or felony
2549     adjudications arising from separate criminal episodes; or
2550          [(iii)] (C) a misdemeanor involving use of a dangerous weapon as defined in Section
2551     76-1-601.
2552          (f) (i) A minor under the jurisdiction of the court solely on the ground of abuse,
2553     neglect, or dependency under Subsection 78A-6-103(1)(b) may not be committed to the
2554     Division of Juvenile Justice Services.
2555          (ii) The court may not commit a minor to the Division of Juvenile Justice Services for
2556     secure confinement for:
2557          (A) contempt of court;
2558          (B) a violation of probation;
2559          (C) failure to pay a fine, fee, restitution, or other financial obligation;
2560          (D) unfinished compensatory or community service hours;
2561          (E) an infraction; or
2562          (F) a status offense.
2563          (g) The court may order nonresidential, diagnostic assessment, including substance use
2564     disorder, mental health, psychological, or sexual behavior risk assessment.
2565          (h) (i) The court may commit a minor to a place of detention or an alternative to
2566     detention for a period not to exceed 30 cumulative days per adjudication subject to the court

2567     retaining continuing jurisdiction over the [minor] minor's case. This commitment may not be
2568     suspended upon conditions ordered by the court.
2569          (ii) This Subsection (2)(h) applies only to a minor adjudicated for:
2570          (A) an act which if committed by an adult would be a criminal offense; or
2571          (B) contempt of court under Section 78A-6-1101.
2572          (iii) The court may not commit a minor to a place of detention for:
2573          (A) contempt of court except to the extent allowed under Section 78A-6-1101;
2574          (B) a violation of probation;
2575          (C) failure to pay a fine, fee, restitution, or other financial obligation;
2576          (D) unfinished compensatory or community service hours;
2577          (E) an infraction; or
2578          (F) a status offense.
2579          (iv) (A) Time spent in detention pre-adjudication shall be credited toward the 30
2580     cumulative days eligible as a disposition under Subsection (2)(h)(i). If the minor spent more
2581     than 30 days in a place of detention before disposition, the court may not commit a minor to
2582     detention under this section.
2583          (B) Notwithstanding Subsection (2)(h)(iv)(A), the court may commit a minor for a
2584     maximum of seven days while a minor is awaiting placement under Subsection (2)(c). Only the
2585     seven days under this Subsection (2)(h)(iv)(B) may be combined with a nonsecure placement.
2586          (v) Notwithstanding Subsection (2)(v), no more than seven days of detention may be
2587     ordered in combination with an order under Subsection (2)(c).
2588          (i) The court may vest legal custody of an abused, neglected, or dependent minor in the
2589     [Division of Child and Family Services] division or any other appropriate person in accordance
2590     with the requirements and procedures of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and
2591     Dependency Proceedings.
2592          (j) (i) The court may order a minor to repair, replace, or otherwise make restitution for
2593     material loss caused by the minor's wrongful act or for conduct for which the minor agrees to

2594     make restitution.
2595          (ii) A victim[, as defined in Subsection 77-38a-102(14),] of an offense that involves as
2596     an element a scheme, a conspiracy, or a pattern of criminal activity, includes any person
2597     directly harmed by the minor's delinquency conduct in the course of the scheme, conspiracy, or
2598     pattern.
2599          (iii) If the victim and the minor agree to participate, the court may refer the case to a
2600     restorative justice program such as victim offender mediation to address how loss resulting
2601     from the adjudicated act may be addressed.
2602          (iv) For the purpose of determining whether and how much restitution is appropriate,
2603     the court shall consider the following:
2604          (A) restitution shall only be ordered for the victim's material loss;
2605          (B) restitution may not be ordered if the court finds that the minor is unable to pay or
2606     acquire the means to pay;
2607          (C) any amount paid by the minor to the victim in civil penalty shall be credited against
2608     restitution owed; and
2609          (D) the length of the presumptive term of supervision shall be taken into account in
2610     determining the minor's ability to satisfy the restitution order within the presumptive term.
2611          (v) Any amount paid to the victim in restitution shall be credited against liability in a
2612     civil suit.
2613          (vi) The court may also require a minor to reimburse an individual, entity, or
2614     governmental agency who offered and paid a reward to a person or persons for providing
2615     information resulting in a court adjudication that the minor is within the jurisdiction of the
2616     juvenile court due to the commission of a criminal offense.
2617          (vii) If a minor is returned to this state under the Interstate Compact on Juveniles, the
2618     court may order the minor to make restitution for costs expended by any governmental entity
2619     for the return.
2620          (viii) Within seven days after the day on which a petition is filed under Section

2621     78A-6-602, the prosecuting attorney or the court's probation department shall provide
2622     notification of the restitution process to all reasonably identifiable and locatable victims of an
2623     offense listed in the petition.
2624          (ix) A victim that receives notice under Subsection (2)(j)(viii) is responsible for
2625     providing the prosecutor with:
2626          (A) all invoices, bills, receipts, and any other evidence of the injury or out-of-pocket
2627     loss;
2628          (B) all documentation of any compensation or reimbursement from an insurance
2629     company or a local, state, or federal agency that is related to the injury or out-of-pocket loss;
2630          (C) if applicable, the victim's proof of identification, including the victim's date of
2631     birth, social security number, or driver license number; and
2632          (D) the victim's contact information, including the victim's current home and work
2633     address and telephone number.
2634          [(viii) The prosecutor]
2635          (x) A prosecutor or victim shall submit a request for restitution to the court at the time
2636     of disposition, if feasible, otherwise within [three months] 90 days after disposition.
2637          [(ix) A financial disposition ordered shall prioritize the payment of restitution.]
2638          (xi) The court shall order a financial disposition that prioritizes the payment of
2639     restitution.
2640          (k) The court may issue orders necessary for the collection of restitution and fines
2641     ordered by the court, including garnishments, wage withholdings, and executions, except for an
2642     order that changes the custody of the minor, including detention or other secure or nonsecure
2643     residential placements.
2644          (l) (i) The court may through the court's probation department encourage the
2645     development of nonresidential employment or work programs to enable a minor to fulfill the
2646     minor's obligations under Subsection (2)(j) and for other purposes considered desirable by the
2647     court.

2648          (ii) Consistent with the order of the court, the probation officer may permit a minor
2649     [found to be within the jurisdiction of the court] to participate in a program of work restitution
2650     or compensatory service in lieu of paying part or all of the fine imposed by the court.
2651          (iii) The court may order the minor to:
2652          (A) pay a fine, fee, restitution, or other cost; or
2653          (B) complete service hours.
2654          (iv) If the court orders a minor to pay a fine, fee, restitution, or other cost, or to
2655     complete service hours, those dispositions shall be considered collectively to ensure that the
2656     order:
2657          (A) is reasonable;
2658          (B) prioritizes restitution; and
2659          (C) takes into account the minor's ability to satisfy the order within the presumptive
2660     term of supervision.
2661          (v) If the court orders a minor to pay a fine, fee, or other cost, or complete service
2662     hours, the cumulative order shall be limited per criminal episode as follows:
2663          (A) for [children under age 16] a minor younger than 16 years old at adjudication, the
2664     court may impose up to $180 or up to 24 hours of service; and
2665          (B) for [minors 16 and] a minor 16 years old or older at adjudication, the court may
2666     impose up to $270 or up to 36 hours of service.
2667          (vi) The cumulative order under Subsection (2)(l)(v) does not include restitution.
2668          (vii) If the court converts a fine, fee, or restitution amount to service hours, the rate of
2669     conversion shall be no less than the minimum wage.
2670          (m) (i) In violations of traffic laws within the court's jurisdiction, when the court finds
2671     that as part of the commission of the violation the minor was in actual physical control of a
2672     motor vehicle, the court may, in addition to any other disposition authorized by this section:
2673          (A) restrain the minor from driving for periods of time the court considers necessary;
2674     and

2675          (B) take possession of the minor's driver license.
2676          (ii) (A) The court may enter any other eligible disposition under Subsection (2)(m)(i)
2677     except for a disposition under Subsection (2)(c), (d), (e), or (f).[ However, the]
2678          (B) The suspension of driving privileges for an offense under Section 78A-6-606 is
2679     governed only by Section 78A-6-606.
2680          (n) (i) The court may order a minor to complete community or compensatory service
2681     hours in accordance with Subsections (2)(l)(iv) and (v).
2682          (ii) When community service is ordered, the presumptive service order shall include
2683     between five and 10 hours of service.
2684          (iii) Satisfactory completion of an approved substance use disorder prevention or
2685     treatment program or other court-ordered condition may be credited by the court as
2686     compensatory service hours.
2687          (iv) When a minor [is found within the jurisdiction of the juvenile court under Section
2688     78A-6-103 because of a violation of Section 76-6-106 or 76-6-206 using graffiti] commits an
2689     offense involving the use of graffiti under Section 76-6-106 or 76-6-206, the court may order
2690     the minor to clean up graffiti created by the minor or any other individual at a time and place
2691     within the jurisdiction of the court. Compensatory service ordered under this section may be
2692     performed in the presence and under the direct supervision of the minor's parent or legal
2693     guardian. The parent or legal guardian shall report completion of the order to the court. The
2694     court may also require the minor to perform other alternative forms of restitution or repair to
2695     the damaged property pursuant to Subsection (2)(j).
2696          (o) (i) Subject to Subsection (2)(o)(iii), the court may order that a minor:
2697          (A) be examined or treated by a physician, surgeon, psychiatrist, or psychologist; or
2698          (B) receive other special care.
2699          (ii) For purposes of receiving the examination, treatment, or care described in
2700     Subsection (2)(o)(i), the court may place the minor in a hospital or other suitable facility that is
2701     not a secure facility or secure detention.

2702          (iii) In determining whether to order the examination, treatment, or care described in
2703     Subsection (2)(o)(i), the court shall consider:
2704          (A) the desires of the minor;
2705          (B) if the minor is [under the age of 18] younger than 18 years old, the desires of the
2706     parents or guardian of the minor; and
2707          (C) whether the potential benefits of the examination, treatment, or care outweigh the
2708     potential risks and side-effects, including behavioral disturbances, suicidal ideation, brain
2709     function impairment, or emotional or physical harm resulting from the compulsory nature of
2710     the examination, treatment, or care.
2711          (iv) The [Division of Child and Family Services] division shall:
2712          (A) take reasonable measures to notify a parent or guardian of any non-emergency
2713     health treatment or care scheduled for a child[, shall];
2714          (B) include the parent or guardian as fully as possible in making health care decisions
2715     for the child[, and shall]; and
2716          (C) defer to the parent's or guardian's reasonable and informed decisions regarding the
2717     child's health care to the extent that the child's health and well being are not unreasonably
2718     compromised by the parent's or guardian's decision.
2719          (v) The [Division of Child and Family Services] division shall notify the parent or
2720     guardian of a child within five business days after a child in the custody of the [Division of
2721     Child and Family Services] division receives emergency health care or treatment.
2722          (vi) The [Division of Child and Family Services] division shall use the least restrictive
2723     means to accomplish a compelling interest in the care and treatment of a child described in this
2724     Subsection (2)(o).
2725          (p) (i) The court may appoint a guardian for the minor if it appears necessary in the
2726     interest of the minor, and may appoint as guardian a public or private institution or agency, but
2727     not a nonsecure residential placement provider, in which legal custody of the minor is vested.
2728          (ii) In placing a minor under the guardianship or legal custody of an individual or of a

2729     private agency or institution, the court shall give primary consideration to the welfare of the
2730     minor. When practicable, the court may take into consideration the religious preferences of the
2731     minor and of a child's parents.
2732          (q) (i) In support of a decree under Section 78A-6-103, the court may order reasonable
2733     conditions to be complied with by a minor's parents or guardian, a minor's custodian, or any
2734     other person who has been made a party to the proceedings. Conditions may include:
2735          (A) parent-time by the parents or one parent;
2736          (B) restrictions on the minor's associates;
2737          (C) restrictions on the minor's occupation and other activities; and
2738          (D) requirements to be observed by the parents or custodian.
2739          (ii) A minor whose parents or guardians successfully complete a family or other
2740     counseling program may be credited by the court for detention, confinement, or probation time.
2741          (r) The court may order the child to be committed to the physical custody of a local
2742     mental health authority, in accordance with the procedures and requirements of Title 62A,
2743     Chapter 15, Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
2744     Mental Health.
2745          (s) (i) The court may make an order committing a minor within the court's jurisdiction
2746     to the Utah State Developmental Center if the minor has an intellectual disability in accordance
2747     with Title 62A, Chapter 5, Part 3, Admission to an Intermediate Care Facility for People with
2748     an Intellectual Disability.
2749          (ii) The court shall follow the procedure applicable in the district courts with respect to
2750     judicial commitments to the Utah State Developmental Center when ordering a commitment
2751     under Subsection (2)(s)(i).
2752          (t) The court may terminate all parental rights upon a finding of compliance with Title
2753     78A, Chapter 6, Part 5, Termination of Parental Rights Act.
2754          (u) The court may make other reasonable orders for the best interest of the minor and
2755     as required for the protection of the public, except that a child may not be committed to jail,

2756     prison, secure detention, or the custody of the Division of Juvenile Justice Services under
2757     Subsections (2)(c), (d), (e), and (f).
2758          (v) The court may combine the dispositions listed in this section if it is permissible and
2759     they are compatible.
2760          (w) Before depriving any parent of custody, the court shall give due consideration to
2761     the rights of parents concerning their child. The court may transfer custody of a minor to
2762     another individual, agency, or institution in accordance with the requirements and procedures
2763     of Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
2764          (x) Except as provided in Subsection (2)(z)(i), an order under this section for probation
2765     or placement of a minor with an individual or an agency shall include a date certain for a
2766     review and presumptive termination of the case by the court in accordance with Subsection (6)
2767     and Section [62A-7-404] 62A-7-404.5. A new date shall be set upon each review.
2768          (y) In reviewing foster home placements, special attention shall be given to making
2769     adoptable children available for adoption without delay.
2770          (z) (i) The juvenile court may enter an order of permanent custody and guardianship
2771     with an individual or relative of a child where the court has previously acquired jurisdiction as
2772     a result of an adjudication of abuse, neglect, or dependency. The juvenile court may enter an
2773     order for child support on behalf of the child against the natural or adoptive parents of the
2774     child.
2775          (ii) Orders under Subsection (2)(z)(i):
2776          (A) shall remain in effect until the child reaches majority;
2777          (B) are not subject to review under Section 78A-6-118; and
2778          (C) may be modified by petition or motion as provided in Section 78A-6-1103.
2779          (iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
2780     permanent orders of custody and guardianship do not expire with a termination of jurisdiction
2781     of the juvenile court.
2782          (3) [In addition to the dispositions described in Subsection (2), when a minor comes

2783     within the court's jurisdiction,] If a court adjudicates a minor for an offense, the minor may be
2784     given a choice by the court to serve in the National Guard in lieu of other sanctions[, provided]
2785     described in Subsection (2) if:
2786          (a) the minor meets the current entrance qualifications for service in the National
2787     Guard as determined by a recruiter, whose determination is final;
2788          (b) the [minor is not under the jurisdiction of the court for any act that] offense:
2789          (i) would be a felony if committed by an adult;
2790          (ii) is a violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
2791          (iii) was committed with a weapon; and
2792          (c) the court retains jurisdiction over the [minor] minor's case under conditions set by
2793     the court and agreed upon by the recruiter or the unit commander to which the minor is
2794     eventually assigned.
2795          (4) (a) A DNA specimen shall be obtained from a minor who is under the jurisdiction
2796     of the court as described in Subsection 53-10-403(3). The specimen shall be obtained by
2797     designated employees of the court or, if the minor is in the legal custody of the Division of
2798     Juvenile Justice Services, then by designated employees of the division under Subsection
2799     53-10-404(5)(b).
2800          (b) The responsible agency shall ensure that an employee designated to collect the
2801     saliva DNA specimens receives appropriate training and that the specimens are obtained in
2802     accordance with accepted protocol.
2803          (c) Reimbursements paid under Subsection 53-10-404(2)(a) shall be placed in the DNA
2804     Specimen Restricted Account created in Section 53-10-407.
2805          (d) Payment of the reimbursement is second in priority to payments the minor is
2806     ordered to make for restitution under this section and treatment under Section 78A-6-321.
2807          (5) (a) A disposition made by the court [pursuant to] in accordance with this section
2808     may not be suspended, except for the following:
2809          (i) If a minor qualifies for commitment to the Division of Juvenile Justice Services

2810     under Subsection [(2)(c), (d), (e), or (f)] (2)(e), the court may suspend a custody order
2811     [pursuant to Subsection (2)(c), (d), (e), or (f)] in accordance with Subsection (2)(c) in lieu of
2812     immediate commitment, upon the condition that the minor commit no new misdemeanor or
2813     felony offense during the three months following the day of disposition.
2814          (ii) The duration of a suspended custody order made under Subsection (5)(a)(i) may not
2815     exceed three months post-disposition and may not be extended under any circumstance.
2816          (iii) The court may only impose a custody order suspended under Subsection (5)(a)(i):
2817          (A) following adjudication of a new misdemeanor or felony offense committed by the
2818     minor during the period of suspension set out under Subsection (5)(a)(ii);
2819          (B) if a new assessment or evaluation has been completed and recommends that a
2820     higher level of care is needed and nonresidential treatment options have been exhausted or
2821     nonresidential treatment options are not appropriate; or
2822          (C) if, after a notice and a hearing, the court finds a new or previous evaluation
2823     recommends a higher level of treatment, and the minor willfully failed to comply with a lower
2824     level of treatment and has been unsuccessfully discharged from treatment.
2825          (iv) A suspended custody order may not be imposed without notice to the minor, notice
2826     to counsel, and a hearing.
2827          (b) The court [pursuant to] in accordance with Subsection (5)(a) shall terminate
2828     continuing jurisdiction over [the minor] a minor's case at the end of the presumptive time frame
2829     unless at least one the following circumstances exists:
2830          (i) termination [pursuant to] in accordance with Subsection (6)(a)(ii) would interrupt
2831     the completion of a program determined to be necessary by the results of a validated risk and
2832     needs assessment with completion found by the court after considering the recommendation of
2833     a licensed service provider on the basis of the minor completing the goals of the necessary
2834     treatment program;
2835          (ii) the minor commits a new misdemeanor or felony offense;
2836          (iii) service hours have not been completed; or

2837          (iv) there is an outstanding fine.
2838          (6) When the court places a minor on probation under Subsection (2)(a) or vests legal
2839     custody of the minor in the Division of Juvenile Justice Services under Subsection (2)(c) [or
2840     (d)], the court shall do so for a defined period of time [pursuant to] in accordance with this
2841     section.
2842          (a) [For the purposes of] In placing a minor on probation under Subsection (2)(a), the
2843     court shall establish a presumptive term of probation as specified in this Subsection (6):
2844          (i) the presumptive [maximum] length of intake probation may not exceed three
2845     months; and
2846          (ii) the presumptive [maximum] length of formal probation may not exceed four to six
2847     months.
2848          (b) [For the purposes of] In vesting legal custody of the minor in the Division of
2849     Juvenile Justice Services under Subsection (2)(c) or (d), the court shall establish a maximum
2850     term of custody and a maximum term of aftercare as specified in this Subsection (6):
2851          (i) the presumptive [maximum] length of out-of-home placement may not exceed three
2852     to six months; and
2853          (ii) the presumptive [maximum] length of aftercare supervision, for those previously
2854     placed out-of-home, may not exceed three to four months, and minors may serve the term of
2855     aftercare in the home of a qualifying relative or guardian or at an independent living program
2856     contracted or operated by the Division of Juvenile Justice Services.
2857          (c) The court [pursuant to] in accordance with Subsections (6)(a) and (b), and the
2858     Youth Parole Authority [pursuant to] in accordance with Subsection (6)(b), shall terminate
2859     continuing jurisdiction over [the minor] a minor's case at the end of the presumptive time frame
2860     unless at least one of the following circumstances exists:
2861          (i) termination pursuant to Subsection (6)(a)(ii) would interrupt the completion of a
2862     court ordered program determined to be necessary by the results of a validated assessment, with
2863     completion found by the court after considering the recommendations of a licensed service

2864     provider or facilitator of court ordered treatment or intervention program on the basis of the
2865     minor completing the goals of the necessary treatment program;
2866          (ii) termination pursuant to Subsection (6)(a)(i) or (6)(b) would interrupt the
2867     completion of a program determined to be necessary by the results of a validated assessment,
2868     with completion determined on the basis of whether the minor has regularly and consistently
2869     attended the treatment program and completed the goals of the necessary treatment program as
2870     determined by the court or Youth Parole Authority after considering the recommendation of a
2871     licensed service provider or facilitator of court ordered treatment or intervention program ;
2872          (iii) the minor commits a new misdemeanor or felony offense;
2873          (iv) service hours have not been completed;
2874          (v) there is an outstanding fine; or
2875          (vi) there is a failure to pay restitution in full.
2876          (d) (i) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2877     exists, the court may extend jurisdiction for the time needed to address the specific
2878     circumstance.
2879          (ii) Subject to Subsection (6)(g), if one of the circumstances under Subsection (6)(c)
2880     exists, and the Youth Parole Authority has jurisdiction, the Youth Parole Authority may extend
2881     jurisdiction for the time needed to address the specific circumstance.
2882          (e) If the circumstance under Subsection (6)(c)(iv) exists, the court, or the Youth
2883     Parole Authority if the Youth Parole Authority has jurisdiction, may extend jurisdiction one
2884     time for up to three months.
2885          (f) Grounds for extension of the presumptive length of supervision or placement and
2886     the length of any extension shall be recorded in the court record or records of the Youth Parole
2887     Authority if the Youth Parole Authority has jurisdiction, and tracked in the data system used by
2888     the Administrative Office of the Courts and the Division of Juvenile Justice Services.
2889          (g) (i) For a minor who is under the supervision of the juvenile court and whose
2890     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be

2891     continued under the supervision of intake probation.
2892          (ii) For a minor who is under the jurisdiction of the Youth Parole Authority whose
2893     supervision is extended under Subsection (6)(c)(iv), (v), or (vi), jurisdiction may only be
2894     continued on parole and not in secure confinement.
2895          (h) In the event of an unauthorized leave lasting more than 24 hours, the supervision
2896     period shall toll until the minor returns.
2897          (7) Subsection (6) does not apply to any minor adjudicated under this section for:
2898          (a) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
2899          (b) Section 76-5-202, aggravated murder or attempted aggravated murder;
2900          (c) Section 76-5-203, murder or attempted murder;
2901          (d) Section 76-5-205, manslaughter;
2902          (e) Section 76-5-206, negligent homicide;
2903          (f) Section 76-5-207, automobile homicide;
2904          (g) Section 76-5-207.5, automobile homicide involving handheld wireless
2905     communication device;
2906          (h) Section 76-5-208, child abuse homicide;
2907          (i) Section 76-5-209, homicide by assault;
2908          [(d)] (j) Section 76-5-302, aggravated kidnapping;
2909          [(e)] (k) Section 76-5-405, aggravated sexual assault;
2910          [(f)] (l) a felony violation of Section 76-6-103, aggravated arson;
2911          [(g)] (m) Section 76-6-203, aggravated burglary;
2912          [(h)] (n) Section 76-6-302, aggravated robbery;
2913          [(i)] (o) Section 76-10-508.1, felony discharge of a firearm; [or]
2914          [(j)] (p) (i) an offense other than [those] an offense listed in Subsections (7)(a) through
2915     [(i)] (o) involving the use of a dangerous weapon, as defined in Section 76-1-601, that is a
2916     felony[,]; and
2917          (ii) the minor has been previously adjudicated or convicted of an offense involving the

2918     use of a dangerous weapon[.]; or
2919          (q) a felony offense other than an offense listed in Subsections (7)(a) through (p) and
2920     the minor has been previously committed to the custody of the Division of Juvenile Justice
2921     Services for secure confinement.
2922          Section 46. Section 78A-6-118 is amended to read:
2923          78A-6-118. Period of effect for a judgment , decree, or order by a juvenile court.
2924          (1) A judgment, order, or decree of the juvenile court [does not operate after the minor
2925     becomes 21 years of age] is no longer in effect after a minor is 21 years old, except [for]:
2926          [(1) orders]
2927          (a) for an order of commitment to the Utah State Developmental Center or to the
2928     custody of the Division of Substance Abuse and Mental Health;
2929          [(2) adoption orders]
2930          (b) for an adoption under Subsection 78A-6-103(1); [and]
2931          [(3) orders]
2932          (c) for an order permanently terminating the rights of a parent, guardian, or custodian[,
2933     and permanent orders];
2934          (d) for a permanent order of custody and [guardianships.] guardianship; and
2935          (e) as provided in Subsection (2).
2936          (2) If the juvenile court enters a judgment or order for a minor for whom the court has
2937     extended continuing jurisdiction over the minor's case until the minor is 25 years old under
2938     Section 78A-6-703.4, the juvenile court's judgment or order is no longer in effect after the
2939     minor is 25 years old.
2940          Section 47. Section 78A-6-120 is amended to read:
2941          78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination
2942     of jurisdiction -- Notice of discharge from custody of local mental health authority or
2943     Utah State Developmental Center -- Transfer of continuing jurisdiction to other district.
2944          [(1) Jurisdiction of a minor obtained by the court through adjudication under Section

2945     78A-6-117 continues for purposes of this chapter until the minor becomes 21 years of age,
2946     unless terminated earlier in accordance with Sections 62A-7-404 and 78A-6-117.]
2947          (1) Except as provided in Subsection (2), if the court retains jurisdiction over a minor's
2948     case under Section 78A-6-117, the court's jurisdiction over the minor's case continues until:
2949          (a) the minor is 21 years old; or
2950          (b) if the court extends jurisdiction over the minor's case until the minor is 25 years old
2951     under Section 78A-6-703.4, the minor is 25 years old.
2952          (2) (a) The [continuing jurisdiction of the court] court's continuing jurisdiction under
2953     Subsection (1) terminates:
2954          (i) upon order of the court;
2955          (ii) upon commitment to a secure facility;
2956          (iii) upon commencement of proceedings in adult cases under Section 78A-6-1001; or
2957          (iv) in accordance with Sections 62A-7-404 and 78A-6-117.
2958          (b) The continuing jurisdiction of the court over a minor's case is not terminated:
2959          (i) by marriage[.]; or
2960          (ii) when a minor commits an offense under municipal, state, or federal law that is
2961     under the jurisdiction of another court and the minor is at least 18 years old at the time of the
2962     offense.
2963          (c) Notwithstanding Subsection (2)(a)(ii), the court retains jurisdiction to make and
2964     enforce orders related to restitution until the Youth Parole Authority discharges the [youth
2965     offender] minor.
2966          (3) When a minor has been committed by the court to the physical custody of a local
2967     mental health authority or [its] the local mental health authority's designee or to the Utah State
2968     Developmental Center, the local mental health authority or [its] the local mental health
2969     authority's designee or the superintendent of the Utah State Developmental Center shall give
2970     the court written notice of [its] the intention to discharge, release, or parole the minor not fewer
2971     than five days before the discharge, release, or parole.

2972          (4) (a) [Jurisdiction over a minor] The court may transfer a case of a minor who is on
2973     probation or under protective supervision, or of a minor who is otherwise under the continuing
2974     jurisdiction of the court, [may be transferred by the court to the] to a court of another district, if
2975     the receiving court consents, or upon direction of the chair of the Board of Juvenile Court
2976     Judges.
2977          (b) The receiving court has the same powers with respect to the minor that [it] the court
2978     would have if the proceedings originated in that court.
2979          [(5) On and after July 1, 2018, a minor adjudicated under Section 78A-6-117 and who
2980     underwent a validated risk and needs assessment under Subsection 78A-6-117(1)(c)]
2981          (5) A minor shall undergo a validated risk and needs assessment within seven days of
2982     the day on which an order terminating jurisdiction is issued[.] if:
2983          (a) the minor is adjudicated under Section 78A-6-117; and
2984          (b) the minor underwent a validated risk and needs assessment under Subsection
2985     78A-6-117(1)(d).
2986          Section 48. Section 78A-6-306 is amended to read:
2987          78A-6-306. Shelter hearing.
2988          (1) A shelter hearing shall be held within 72 hours excluding weekends and holidays
2989     after any one or all of the following occur:
2990          (a) removal of the child from the child's home by the division;
2991          (b) placement of the child in the protective custody of the division;
2992          (c) emergency placement under Subsection 62A-4a-202.1(4);
2993          (d) as an alternative to removal of the child, a parent enters a domestic violence shelter
2994     at the request of the division; or
2995          (e) a "Motion for Expedited Placement in Temporary Custody" is filed under
2996     Subsection 78A-6-106(4).
2997          (2) If one of the circumstances described in Subsections (1)(a) through (e) occurs, the
2998     division shall issue a notice that contains all of the following:

2999          (a) the name and address of the person to whom the notice is directed;
3000          (b) the date, time, and place of the shelter hearing;
3001          (c) the name of the child on whose behalf a petition is being brought;
3002          (d) a concise statement regarding:
3003          (i) the reasons for removal or other action of the division under Subsection (1); and
3004          (ii) the allegations and code sections under which the proceeding has been instituted;
3005          (e) a statement that the parent or guardian to whom notice is given, and the child, are
3006     entitled to have an attorney present at the shelter hearing, and that if the parent or guardian is
3007     indigent and cannot afford an attorney, and desires to be represented by an attorney, one will be
3008     provided in accordance with Title 78B, Chapter 22, Indigent Defense Act; and
3009          (f) a statement that the parent or guardian is liable for the cost of support of the child in
3010     the protective custody, temporary custody, and custody of the division, and the cost for legal
3011     counsel appointed for the parent or guardian under Subsection (2)(e), according to the financial
3012     ability of the parent or guardian.
3013          (3) The notice described in Subsection (2) shall be personally served as soon as
3014     possible, but no later than one business day after removal of the child from the child's home, or
3015     the filing of a "Motion for Expedited Placement in Temporary Custody" under Subsection
3016     78A-6-106(4), on:
3017          (a) the appropriate guardian ad litem; and
3018          (b) both parents and any guardian of the child, unless the parents or guardians cannot
3019     be located.
3020          (4) The following persons shall be present at the shelter hearing:
3021          (a) the child, unless it would be detrimental for the child;
3022          (b) the child's parents or guardian, unless the parents or guardian cannot be located, or
3023     fail to appear in response to the notice;
3024          (c) counsel for the parents, if one is requested;
3025          (d) the child's guardian ad litem;

3026          (e) the caseworker from the division who is assigned to the case; and
3027          (f) the attorney from the attorney general's office who is representing the division.
3028          (5) (a) At the shelter hearing, the court shall:
3029          (i) provide an opportunity to provide relevant testimony to:
3030          (A) the child's parent or guardian, if present; and
3031          (B) any other person having relevant knowledge; and
3032          (ii) subject to Section 78A-6-305, provide an opportunity for the child to testify.
3033          (b) The court:
3034          (i) may consider all relevant evidence, in accordance with the Utah Rules of Juvenile
3035     Procedure;
3036          (ii) shall hear relevant evidence presented by the child, the child's parent or guardian,
3037     the requesting party, or their counsel; and
3038          (iii) may in its discretion limit testimony and evidence to only that which goes to the
3039     issues of removal and the child's need for continued protection.
3040          (6) If the child is in the protective custody of the division, the division shall report to
3041     the court:
3042          (a) the reason why the child was removed from the parent's or guardian's custody;
3043          (b) any services provided to the child and the child's family in an effort to prevent
3044     removal;
3045          (c) the need, if any, for continued shelter;
3046          (d) the available services that could facilitate the return of the child to the custody of
3047     the child's parent or guardian; and
3048          (e) subject to Subsections 78A-6-307(18)(c) through (e), whether any relatives of the
3049     child or friends of the child's parents may be able and willing to accept temporary placement of
3050     the child.
3051          (7) The court shall consider all relevant evidence provided by persons or entities
3052     authorized to present relevant evidence pursuant to this section.

3053          (8) (a) If necessary to protect the child, preserve the rights of a party, or for other good
3054     cause shown, the court may grant no more than one continuance, not to exceed five judicial
3055     days.
3056          (b) A court shall honor, as nearly as practicable, the request by a parent or guardian for
3057     a continuance under Subsection (8)(a).
3058          (c) Notwithstanding Subsection (8)(a), if the division fails to provide the notice
3059     described in Subsection (2) within the time described in Subsection (3), the court may grant the
3060     request of a parent or guardian for a continuance, not to exceed five judicial days.
3061          (9) (a) If the child is in the protective custody of the division, the court shall order that
3062     the child be returned to the custody of the parent or guardian unless it finds, by a
3063     preponderance of the evidence, consistent with the protections and requirements provided in
3064     Subsection 62A-4a-201(1), that any one of the following exists:
3065          (i) subject to Subsection (9)(b)(i), there is a serious danger to the physical health or
3066     safety of the child and the child's physical health or safety may not be protected without
3067     removing the child from the custody of the child's parent;
3068          (ii) (A) the child is suffering emotional damage that results in a serious impairment in
3069     the child's growth, development, behavior, or psychological functioning;
3070          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3071     would sufficiently prevent future damage; and
3072          (C) there are no reasonable means available by which the child's emotional health may
3073     be protected without removing the child from the custody of the child's parent or guardian;
3074          (iii) there is a substantial risk that the child will suffer abuse or neglect if the child is
3075     not removed from the custody of the child's parent or guardian;
3076          (iv) subject to Subsection (9)(b)(ii), the child or a minor residing in the same
3077     household has been, or is considered to be at substantial risk of being, physically abused,
3078     sexually abused, or sexually exploited by a:
3079          (A) parent or guardian;

3080          (B) member of the parent's household or the guardian's household; or
3081          (C) person known to the parent or guardian;
3082          (v) the parent or guardian is unwilling to have physical custody of the child;
3083          (vi) the child is without any provision for the child's support;
3084          (vii) a parent who is incarcerated or institutionalized has not or cannot arrange for safe
3085     and appropriate care for the child;
3086          (viii) (A) a relative or other adult custodian with whom the child is left by the parent or
3087     guardian is unwilling or unable to provide care or support for the child;
3088          (B) the whereabouts of the parent or guardian are unknown; and
3089          (C) reasonable efforts to locate the parent or guardian are unsuccessful;
3090          (ix) subject to Subsections 78A-6-105[(39)](40)(b) and 78A-6-117(2) and Section
3091     78A-6-301.5, the child is in immediate need of medical care;
3092          (x) (A) the physical environment or the fact that the child is left unattended beyond a
3093     reasonable period of time poses a threat to the child's health or safety; and
3094          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3095     would remove the threat;
3096          (xi) (A) the child or a minor residing in the same household has been neglected; and
3097          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3098     would prevent the neglect;
3099          (xii) the parent, guardian, or an adult residing in the same household as the parent or
3100     guardian, is charged or arrested pursuant to Title 58, Chapter 37d, Clandestine Drug Lab Act,
3101     and any clandestine laboratory operation was located in the residence or on the property where
3102     the child resided;
3103          (xiii) (A) the child's welfare is substantially endangered; and
3104          (B) the parent or guardian is unwilling or unable to make reasonable changes that
3105     would remove the danger; or
3106          (xiv) the child's natural parent:

3107          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3108     child;
3109          (B) is identified by a law enforcement agency as the primary suspect in an investigation
3110     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3111          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3112     recklessly causing the death of another parent of the child.
3113          (b) (i) Prima facie evidence of the finding described in Subsection (9)(a)(i) is
3114     established if:
3115          (A) a court previously adjudicated that the child suffered abuse, neglect, or dependency
3116     involving the parent; and
3117          (B) a subsequent incident of abuse, neglect, or dependency involving the parent occurs.
3118          (ii) For purposes of Subsection (9)(a)(iv), if the court finds that the parent knowingly
3119     allowed the child to be in the physical care of a person after the parent received actual notice
3120     that the person physically abused, sexually abused, or sexually exploited the child, that fact
3121     constitutes prima facie evidence that there is a substantial risk that the child will be physically
3122     abused, sexually abused, or sexually exploited.
3123          (10) (a) (i) The court shall also make a determination on the record as to whether
3124     reasonable efforts were made to prevent or eliminate the need for removal of the child from the
3125     child's home and whether there are available services that would prevent the need for continued
3126     removal.
3127          (ii) If the court finds that the child can be safely returned to the custody of the child's
3128     parent or guardian through the provision of those services, the court shall place the child with
3129     the child's parent or guardian and order that those services be provided by the division.
3130          (b) In making the determination described in Subsection (10)(a), and in ordering and
3131     providing services, the child's health, safety, and welfare shall be the paramount concern, in
3132     accordance with federal law.
3133          (11) Where the division's first contact with the family occurred during an emergency

3134     situation in which the child could not safely remain at home, the court shall make a finding that
3135     any lack of preplacement preventive efforts was appropriate.
3136          (12) In cases where actual sexual abuse, sexual exploitation, abandonment, severe
3137     abuse, or severe neglect are involved, neither the division nor the court has any duty to make
3138     "reasonable efforts" or to, in any other way, attempt to maintain a child in the child's home,
3139     return a child to the child's home, provide reunification services, or attempt to rehabilitate the
3140     offending parent or parents.
3141          (13) The court may not order continued removal of a child solely on the basis of
3142     educational neglect as defined in Section 78A-6-105, truancy, or failure to comply with a court
3143     order to attend school.
3144          (14) (a) Whenever a court orders continued removal of a child under this section, the
3145     court shall state the facts on which that decision is based.
3146          (b) If no continued removal is ordered and the child is returned home, the court shall
3147     state the facts on which that decision is based.
3148          (15) If the court finds that continued removal and temporary custody are necessary for
3149     the protection of a child pursuant to Subsection (9)(a), the court shall order continued removal
3150     regardless of:
3151          (a) any error in the initial removal of the child;
3152          (b) the failure of a party to comply with notice provisions; or
3153          (c) any other procedural requirement of this chapter or Title 62A, Chapter 4a, Child
3154     and Family Services.
3155          Section 49. Section 78A-6-312 is amended to read:
3156          78A-6-312. Dispositional hearing -- Reunification services -- Exceptions.
3157          (1) The court may:
3158          (a) make any of the dispositions described in Section 78A-6-117;
3159          (b) place the minor in the custody or guardianship of any:
3160          (i) individual; or

3161          (ii) public or private entity or agency; or
3162          (c) order:
3163          (i) protective supervision;
3164          (ii) family preservation;
3165          (iii) subject to Subsections (12)(b), 78A-6-105[(39)](40), and 78A-6-117(2) and
3166     Section 78A-6-301.5, medical or mental health treatment;
3167          (iv) sibling visitation; or
3168          (v) other services.
3169          (2) Whenever the court orders continued removal at the dispositional hearing, and that
3170     the minor remain in the custody of the division, the court shall first:
3171          (a) establish a primary permanency plan for the minor; and
3172          (b) determine whether, in view of the primary permanency plan, reunification services
3173     are appropriate for the minor and the minor's family, pursuant to Subsections (21) through (23).
3174          (3) Subject to Subsections (6) and (7), if the court determines that reunification
3175     services are appropriate for the minor and the minor's family, the court shall provide for
3176     reasonable parent-time with the parent or parents from whose custody the minor was removed,
3177     unless parent-time is not in the best interest of the minor.
3178          (4) In cases where obvious sexual abuse, sexual exploitation, abandonment, severe
3179     abuse, or severe neglect are involved, neither the division nor the court has any duty to make
3180     "reasonable efforts" or to, in any other way, attempt to provide reunification services, or to
3181     attempt to rehabilitate the offending parent or parents.
3182          (5) In all cases, the minor's health, safety, and welfare shall be the court's paramount
3183     concern in determining whether reasonable efforts to reunify should be made.
3184          (6) For purposes of Subsection (3), parent-time is in the best interests of a minor unless
3185     the court makes a finding that it is necessary to deny parent-time in order to:
3186          (a) protect the physical safety of the minor;
3187          (b) protect the life of the minor; or

3188          (c) prevent the minor from being traumatized by contact with the parent due to the
3189     minor's fear of the parent in light of the nature of the alleged abuse or neglect.
3190          (7) Notwithstanding Subsection (3), a court may not deny parent-time based solely on a
3191     parent's failure to:
3192          (a) prove that the parent has not used legal or illegal substances; or
3193          (b) comply with an aspect of the child and family plan that is ordered by the court.
3194          (8) (a) In addition to the primary permanency plan, the court shall establish a
3195     concurrent permanency plan that shall include:
3196          (i) a representative list of the conditions under which the primary permanency plan will
3197     be abandoned in favor of the concurrent permanency plan; and
3198          (ii) an explanation of the effect of abandoning or modifying the primary permanency
3199     plan.
3200          (b) In determining the primary permanency plan and concurrent permanency plan, the
3201     court shall consider:
3202          (i) the preference for kinship placement over nonkinship placement;
3203          (ii) the potential for a guardianship placement if the parent-child relationship is legally
3204     terminated and no appropriate adoption placement is available; and
3205          (iii) the use of an individualized permanency plan, only as a last resort.
3206          (9) A permanency hearing shall be conducted in accordance with Subsection
3207     78A-6-314(1)(b) within 30 days after the day on which the dispositional hearing ends if
3208     something other than reunification is initially established as a minor's primary permanency
3209     plan.
3210          (10) (a) The court may amend a minor's primary permanency plan before the
3211     establishment of a final permanency plan under Section 78A-6-314.
3212          (b) The court is not limited to the terms of the concurrent permanency plan in the event
3213     that the primary permanency plan is abandoned.
3214          (c) If, at any time, the court determines that reunification is no longer a minor's primary

3215     permanency plan, the court shall conduct a permanency hearing in accordance with Section
3216     78A-6-314 on or before the earlier of:
3217          (i) 30 days after the day on which the court makes the determination described in this
3218     Subsection (10)(c); or
3219          (ii) the day on which the provision of reunification services, described in Section
3220     78A-6-314, ends.
3221          (11) (a) If the court determines that reunification services are appropriate, the court
3222     shall order that the division make reasonable efforts to provide services to the minor and the
3223     minor's parent for the purpose of facilitating reunification of the family, for a specified period
3224     of time.
3225          (b) In providing the services described in Subsection (11)(a), the minor's health, safety,
3226     and welfare shall be the division's paramount concern, and the court shall so order.
3227          (12) (a) The court shall:
3228          (i) determine whether the services offered or provided by the division under the child
3229     and family plan constitute "reasonable efforts" on the part of the division;
3230          (ii) determine and define the responsibilities of the parent under the child and family
3231     plan in accordance with Subsection 62A-4a-205(6)(e); and
3232          (iii) identify verbally on the record, or in a written document provided to the parties,
3233     the responsibilities described in Subsection (12)(a)(ii), for the purpose of assisting in any future
3234     determination regarding the provision of reasonable efforts, in accordance with state and
3235     federal law.
3236          (b) If the parent is in a substance use disorder treatment program, other than a certified
3237     drug court program:
3238          (i) the court may order the parent to submit to supplementary drug or alcohol testing in
3239     addition to the testing recommended by the parent's substance use disorder program based on a
3240     finding of reasonable suspicion that the parent is abusing drugs or alcohol; and
3241          (ii) the court may order the parent to provide the results of drug or alcohol testing

3242     recommended by the substance use disorder program to the court or division.
3243          (13) (a) The time period for reunification services may not exceed 12 months from the
3244     date that the minor was initially removed from the minor's home, unless the time period is
3245     extended under Subsection 78A-6-314(7).
3246          (b) Nothing in this section may be construed to entitle any parent to an entire 12
3247     months of reunification services.
3248          (14) (a) If reunification services are ordered, the court may terminate those services at
3249     any time.
3250          (b) If, at any time, continuation of reasonable efforts to reunify a minor is determined
3251     to be inconsistent with the final permanency plan for the minor established pursuant to Section
3252     78A-6-314, then measures shall be taken, in a timely manner, to:
3253          (i) place the minor in accordance with the permanency plan; and
3254          (ii) complete whatever steps are necessary to finalize the permanent placement of the
3255     minor.
3256          (15) Any physical custody of the minor by the parent or a relative during the period
3257     described in Subsections (11) through (14) does not interrupt the running of the period.
3258          (16) (a) If reunification services are ordered, a permanency hearing shall be conducted
3259     by the court in accordance with Section 78A-6-314 at the expiration of the time period for
3260     reunification services.
3261          (b) The permanency hearing shall be held no later than 12 months after the original
3262     removal of the minor.
3263          (c) If reunification services are not ordered, a permanency hearing shall be conducted
3264     within 30 days, in accordance with Section 78A-6-314.
3265          (17) With regard to a minor in the custody of the division whose parent or parents are
3266     ordered to receive reunification services but who have abandoned that minor for a period of six
3267     months from the date that reunification services were ordered:
3268          (a) the court shall terminate reunification services; and

3269          (b) the division shall petition the court for termination of parental rights.
3270          (18) When a court conducts a permanency hearing for a minor under Section
3271     78A-6-314, the court shall attempt to keep the minor's sibling group together if keeping the
3272     sibling group together is:
3273          (a) practicable; and
3274          (b) in accordance with the best interest of the minor.
3275          (19) When a child is under the custody of the division and has been separated from a
3276     sibling due to foster care or adoptive placement, a court may order sibling visitation, subject to
3277     the division obtaining consent from the sibling's legal guardian, according to the court's
3278     determination of the best interests of the child for whom the hearing is held.
3279          (20) (a) Because of the state's interest in and responsibility to protect and provide
3280     permanency for minors who are abused, neglected, or dependent, the Legislature finds that a
3281     parent's interest in receiving reunification services is limited.
3282          (b) The court may determine that:
3283          (i) efforts to reunify a minor with the minor's family are not reasonable or appropriate,
3284     based on the individual circumstances; and
3285          (ii) reunification services should not be provided.
3286          (c) In determining "reasonable efforts" to be made with respect to a minor, and in
3287     making "reasonable efforts," the minor's health, safety, and welfare shall be the paramount
3288     concern.
3289          (21) There is a presumption that reunification services should not be provided to a
3290     parent if the court finds, by clear and convincing evidence, that any of the following
3291     circumstances exist:
3292          (a) the whereabouts of the parents are unknown, based upon a verified affidavit
3293     indicating that a reasonably diligent search has failed to locate the parent;
3294          (b) subject to Subsection (22)(a), the parent is suffering from a mental illness of such
3295     magnitude that it renders the parent incapable of utilizing reunification services;

3296          (c) the minor was previously adjudicated as an abused child due to physical abuse,
3297     sexual abuse, or sexual exploitation, and following the adjudication the minor:
3298          (i) was removed from the custody of the minor's parent;
3299          (ii) was subsequently returned to the custody of the parent; and
3300          (iii) is being removed due to additional physical abuse, sexual abuse, or sexual
3301     exploitation;
3302          (d) the parent:
3303          (i) caused the death of another minor through abuse or neglect;
3304          (ii) committed, aided, abetted, attempted, conspired, or solicited to commit:
3305          (A) murder or manslaughter of a child; or
3306          (B) child abuse homicide;
3307          (iii) committed sexual abuse against the child;
3308          (iv) is a registered sex offender or required to register as a sex offender; or
3309          (v) (A) intentionally, knowingly, or recklessly causes the death of another parent of the
3310     child;
3311          (B) is identified by a law enforcement agency as the primary suspect in an investigation
3312     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
3313          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
3314     recklessly causing the death of another parent of the child;
3315          (e) the minor suffered severe abuse by the parent or by any person known by the
3316     parent, if the parent knew or reasonably should have known that the person was abusing the
3317     minor;
3318          (f) the minor is adjudicated an abused child as a result of severe abuse by the parent,
3319     and the court finds that it would not benefit the minor to pursue reunification services with the
3320     offending parent;
3321          (g) the parent's rights are terminated with regard to any other minor;
3322          (h) the minor was removed from the minor's home on at least two previous occasions

3323     and reunification services were offered or provided to the family at those times;
3324          (i) the parent has abandoned the minor for a period of six months or longer;
3325          (j) the parent permitted the child to reside, on a permanent or temporary basis, at a
3326     location where the parent knew or should have known that a clandestine laboratory operation
3327     was located;
3328          (k) except as provided in Subsection (22)(b), with respect to a parent who is the child's
3329     birth mother, the child has fetal alcohol syndrome, fetal alcohol spectrum disorder, or was
3330     exposed to an illegal or prescription drug that was abused by the child's mother while the child
3331     was in utero, if the child was taken into division custody for that reason, unless the mother
3332     agrees to enroll in, is currently enrolled in, or has recently and successfully completed a
3333     substance use disorder treatment program approved by the department; or
3334          (l) any other circumstance that the court determines should preclude reunification
3335     efforts or services.
3336          (22) (a) The finding under Subsection (21)(b) shall be based on competent evidence
3337     from at least two medical or mental health professionals, who are not associates, establishing
3338     that, even with the provision of services, the parent is not likely to be capable of adequately
3339     caring for the minor within 12 months after the day on which the court finding is made.
3340          (b) A judge may disregard the provisions of Subsection (21)(k) if the court finds, under
3341     the circumstances of the case, that the substance use disorder treatment described in Subsection
3342     (21)(k) is not warranted.
3343          (23) In determining whether reunification services are appropriate, the court shall take
3344     into consideration:
3345          (a) failure of the parent to respond to previous services or comply with a previous child
3346     and family plan;
3347          (b) the fact that the minor was abused while the parent was under the influence of
3348     drugs or alcohol;
3349          (c) any history of violent behavior directed at the child or an immediate family

3350     member;
3351          (d) whether a parent continues to live with an individual who abused the minor;
3352          (e) any patterns of the parent's behavior that have exposed the minor to repeated abuse;
3353          (f) testimony by a competent professional that the parent's behavior is unlikely to be
3354     successful; and
3355          (g) whether the parent has expressed an interest in reunification with the minor.
3356          (24) (a) If reunification services are not ordered pursuant to Subsections (20) through
3357     (22), and the whereabouts of a parent become known within six months after the day on which
3358     the out-of-home placement of the minor is made, the court may order the division to provide
3359     reunification services.
3360          (b) The time limits described in Subsections (2) through (18) are not tolled by the
3361     parent's absence.
3362          (25) (a) If a parent is incarcerated or institutionalized, the court shall order reasonable
3363     services unless the court determines that those services would be detrimental to the minor.
3364          (b) In making the determination described in Subsection (25)(a), the court shall
3365     consider:
3366          (i) the age of the minor;
3367          (ii) the degree of parent-child bonding;
3368          (iii) the length of the sentence;
3369          (iv) the nature of the treatment;
3370          (v) the nature of the crime or illness;
3371          (vi) the degree of detriment to the minor if services are not offered;
3372          (vii) for a minor 10 years old or older, the minor's attitude toward the implementation
3373     of family reunification services; and
3374          (viii) any other appropriate factors.
3375          (c) Reunification services for an incarcerated parent are subject to the time limitations
3376     imposed in Subsections (2) through (18).

3377          (d) Reunification services for an institutionalized parent are subject to the time
3378     limitations imposed in Subsections (2) through (18), unless the court determines that continued
3379     reunification services would be in the minor's best interest.
3380          (26) If, pursuant to Subsections (21)(b) through (l), the court does not order
3381     reunification services, a permanency hearing shall be conducted within 30 days, in accordance
3382     with Section 78A-6-314.
3383          Section 50. Section 78A-6-601 is amended to read:
3384          78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court --
3385     Exception.
3386          [(1) If, during the pendency of a criminal or quasi-criminal proceeding in another court,
3387     including a preliminary hearing, it is determined that the person charged is under 21 years of
3388     age and was less than 18 years of age at the time of committing the alleged offense, that court
3389     shall transfer the case to the juvenile court, together with all the papers, documents, and
3390     transcripts of any testimony except as provided in Sections 78A-6-701, 78A-6-702, and
3391     78A-6-703.]
3392          (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
3393     justice court determines that an individual being charged is under 21 years old and was younger
3394     than 18 years old at the time of committing the alleged offense, the district or justice court shall
3395     transfer the case to the juvenile court with all the papers, documents, and transcripts of any
3396     testimony.
3397          (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
3398     that is:
3399          (A) filed in the district court in accordance with Section 78A-6-703.2; or
3400          (B) transferred to the district court in accordance with Section 78A-6-703.5.
3401          (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
3402     offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
3403          (2) The district court or justice court making the transfer shall:

3404          (a) order the [person] individual to be taken immediately to the juvenile court or to a
3405     place of detention designated by the juvenile court[,]; or [shall]
3406          (b) release [him] the individual to the custody of [his] the individual's parent or
3407     guardian or other person legally responsible for [him] the individual, to be brought before the
3408     juvenile court at a time designated by [it] the juvenile court.
3409          (3) The juvenile court shall then proceed as provided in this chapter.
3410          Section 51. Section 78A-6-602 is amended to read:
3411          78A-6-602. Petition -- Preliminary inquiry -- Nonjudicial adjustments -- Formal
3412     referral -- Citation -- Failure to appear.
3413          (1) A proceeding in a minor's case is commenced by petition, except as provided in
3414     [Sections 78A-6-701, 78A-6-702, and 78A-6-703] Sections 78A-6-703.2 and 78A-6-703.3.
3415          (2) (a) A peace officer or a public official of the state, a county, city, or town charged
3416     with the enforcement of the laws of the state or local jurisdiction shall file a formal referral
3417     with the juvenile court within 10 days of a minor's arrest. If the arrested minor is taken to a
3418     detention facility, the formal referral shall be filed with the juvenile court within [72 hours,
3419     excluding weekends and holidays] 24 hours. A formal referral under Section 53G-8-211 may
3420     not be filed with the juvenile court on an offense unless the offense is subject to referral under
3421     Section 53G-8-211.
3422          (b) (i) When the court is informed by a peace officer or other person that a minor is or
3423     appears to be within the court's jurisdiction, the probation department shall make a preliminary
3424     inquiry to determine whether the minor is eligible to enter into a written consent agreement
3425     with the probation department and, if the minor is a child, the minor's parent, guardian, or
3426     custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2).
3427          (ii) Except as provided in Subsection (2)(k), the court's probation department shall
3428     offer a nonjudicial adjustment if the minor:
3429          (A) is referred with a misdemeanor, infraction, or status offense;
3430          (B) has no more than two prior adjudications; and

3431          (C) has no more than three prior unsuccessful nonjudicial adjustment attempts.
3432          (iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment
3433     means an action based on a single episode of conduct that is closely related in time and is
3434     incident to an attempt or an accomplishment of a single objective.
3435          (c) (i) Within seven days of receiving a referral that appears to be eligible for a
3436     nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide
3437     an initial notice to reasonably identifiable and locatable victims of the offense contained in the
3438     referral.
3439          (ii) The victim shall be responsible to provide to the division upon request:
3440          (A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and
3441     out-of-pocket loss;
3442          (B) documentation and evidence of compensation or reimbursement from insurance
3443     companies or agencies of Utah, any other state, or federal government received as a direct
3444     result of the crime for injury, loss of earnings, or out-of-pocket loss; and
3445          (C) proof of identification, including home and work address and telephone numbers.
3446          (iii) The inability, failure, or refusal of the victim to provide all or part of the requested
3447     information shall result in the probation department determining restitution based on the best
3448     information available.
3449          (d) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
3450     validated risk and needs assessment and may request that the prosecutor review the referral
3451     pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition
3452     instead of offering a nonjudicial adjustment if:
3453          (A) the results of the assessment indicate the youth is high risk; or
3454          (B) the results of the assessment indicate the youth is moderate risk and the referral is
3455     for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or
3456     Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
3457          (ii) Except as provided in Subsection (2)(k), the court's probation department may offer

3458     a nonjudicial adjustment to any other minor who does not meet the criteria provided in
3459     Subsection (2)(b).
3460          (iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
3461     admission of guilt.
3462          (iv) A minor may not be denied an offer of nonjudicial adjustment due to an inability to
3463     pay a financial penalty under Subsection (2)(e).
3464          (v) Efforts to effect a nonjudicial adjustment may not extend for a period of more than
3465     90 days without leave of a judge of the court, who may extend the period for an additional 90
3466     days.
3467          (vi) A [prosecutor] prosecuting attorney may not file a petition against a minor unless:
3468          (A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or
3469     (d)(ii);
3470          (B) the minor declines nonjudicial adjustment;
3471          (C) the minor fails to substantially comply with the conditions agreed upon as part of
3472     the nonjudicial adjustment;
3473          (D) the minor fails to respond to the probation department's inquiry regarding
3474     eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
3475     preliminary inquiry; or
3476          (E) the [prosecutor] prosecuting attorney is acting under Subsection (2)(k).
3477          (e) The nonjudicial adjustment of a case may include the following conditions agreed
3478     upon as part of the nonjudicial closure:
3479          (i) payment of a financial penalty of not more than $250 to the juvenile court subject to
3480     the terms established under Subsection (2)(f);
3481          (ii) payment of victim restitution;
3482          (iii) satisfactory completion of community or compensatory service;
3483          (iv) referral to an appropriate provider for counseling or treatment;
3484          (v) attendance at substance use disorder programs or counseling programs;

3485          (vi) compliance with specified restrictions on activities and associations;
3486          (vii) victim-offender mediation, if requested by the victim; and
3487          (viii) other reasonable actions that are in the interest of the child or minor, the
3488     community, and the victim.
3489          (f) A fee, fine, or restitution included in a nonjudicial [closure] adjustment in
3490     accordance with Subsection (2)(e) shall be based upon the ability of the minor's family to pay
3491     as determined by a statewide sliding scale developed as provided in Section 63M-7-208 on and
3492     after July 1, 2018.
3493          (g) If a [prosecutor] prosecuting attorney learns of a referral involving an offense
3494     identified in Subsection (2)(k), if a minor fails to substantially comply with the conditions
3495     agreed upon as part of the nonjudicial [closure] adjustment, or if a minor is not offered or
3496     declines a nonjudicial adjustment pursuant to Subsection (2)(b), (2)(d)(ii), or (2)(d)(vi), the
3497     [prosecutor] prosecuting attorney shall review the case and take one of the following actions:
3498          (i) dismiss the case;
3499          (ii) refer the case back to the probation department for a new attempt at nonjudicial
3500     adjustment; or
3501          (iii) subject to Subsection (2)(i), file a petition with the court.
3502          (h) Notwithstanding Subsection (2)(g), a petition may only be filed upon reasonable
3503     belief that:
3504          (i) the charges are supported by probable cause;
3505          (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
3506     doubt; and
3507          (iii) the decision to charge is in the interests of justice.
3508          (i) Failure to pay a fine or fee may not serve as a basis for filing of a petition under
3509     Subsection (2)(g)(iii) if the minor has substantially complied with the other conditions agreed
3510     upon in accordance with Subsection (2)(e) or those imposed through any other court diversion
3511     program.

3512          (j) Notwithstanding Subsection (2)(i), a violation of Section 76-10-105 that is subject
3513     to the jurisdiction of the juvenile court may include a fine or penalty and participation in a
3514     court-approved tobacco education program, which may include a participation fee.
3515          (k) Notwithstanding the other provisions of this section, the probation department shall
3516     request that a [prosecutor] prosecuting attorney review a referral in accordance with Subsection
3517     (2)(g) if:
3518          (i) the referral involves a violation of:
3519          (A) Section 41-6a-502, driving under the influence;
3520          (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
3521     serious bodily injury;
3522          (C) Section 76-5-206, negligent homicide;
3523          (D) Section 76-9-702.1, sexual battery;
3524          (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
3525     shotgun on or about school premises; or
3526          (F) Section 76-10-509, possession of dangerous weapon by minor, but only if the
3527     dangerous weapon is a firearm; or
3528          (ii) the minor has a current suspended order for custody under Subsection
3529     78A-6-117(5)(a).
3530          (l) If the [prosecutor] prosecuting attorney files a petition in court, the court may refer
3531     the case to the probation department for another offer of nonjudicial adjustment.
3532          (m) If a minor violates Section 41-6a-502, regardless of whether a [prosecutor]
3533     prosecuting attorney reviews a referral under Subsection (2)(k)(i)(A), the minor shall be subject
3534     to a drug and alcohol screening and participate in an assessment, if found appropriate by the
3535     screening, and if warranted, follow the recommendations of the assessment.
3536          [(3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor
3537     14 years of age or older, the county attorney, district attorney, or attorney general may
3538     commence an action by filing a criminal information and a motion requesting the juvenile court

3539     to waive its jurisdiction and certify the minor to the district court.]
3540          [(4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
3541     misdemeanors, other infractions or misdemeanors as designated by general order of the Board
3542     of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
3543     juvenile court, a petition is not required and the issuance of a citation as provided in Section
3544     78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry in
3545     accordance with Subsection (2)(b)(i) is required.]
3546          [(b) Any failure to comply with the time deadline on a formal referral may not be the
3547     basis of dismissing the formal referral.]
3548          Section 52. Section 78A-6-603 is amended to read:
3549          78A-6-603. Citation procedure -- Citation -- Offenses -- Time limits -- Failure to
3550     appear.
3551          (1) As used in this section, "citation" means an abbreviated referral [and is sufficient to
3552     invoke the jurisdiction of the court in lieu of a petition].
3553          (2) A petition is not required to commence a proceeding against a minor for an
3554     adjudication of an alleged offense if a citation is issued for an offense for which the court has
3555     jurisdiction over and the offense listed in the citation is for:
3556          (a) a violation of a wildlife law;
3557          (b) a violation of a boating law;
3558          (c) a class B or C misdemeanor or an infraction other than a misdemeanor or
3559     infraction:
3560          (i) for a traffic violation; or
3561          (ii) designated as a citable offense by general order of the Board of Juvenile Court
3562     Judges;
3563          (d) a class B misdemeanor or infraction for a traffic violation where the individual is
3564     15 years old or younger at the time the offense was alleged to have occurred;
3565          (e) an infraction or misdemeanor designated as a citable offense by a general order of

3566     the Board of Juvenile Court Judges; or
3567          (f) a violation of Subsection 76-10-105(2).
3568          [(2)] (3) A citation shall be submitted to the court within five days of issuance.
3569          [(3)] (4) A copy of the citation shall contain:
3570          (a) the name and address of the juvenile court before which the minor may be required
3571     to appear;
3572          (b) the name of the minor cited;
3573          (c) the statute or local ordinance that is alleged to have been violated;
3574          (d) a brief description of the offense charged;
3575          (e) the date, time, and location at which the offense is alleged to have occurred;
3576          (f) the date the citation was issued;
3577          (g) the name and badge or identification number of the peace officer or public official
3578     who issued the citation;
3579          (h) the name of the arresting person if an arrest was made by a private party and the
3580     citation was issued in lieu of taking the arrested minor into custody as provided in Section
3581     78A-6-112;
3582          (i) the date and time when the minor is to appear, or a statement that the minor and
3583     parent or legal guardian are to appear when notified by the juvenile court; and
3584          (j) the signature of the minor and the parent or legal guardian, if present, agreeing to
3585     appear at the juvenile court as designated on the citation.
3586          [(4)] (5) A copy of the citation shall contain space for the following information to be
3587     entered if known:
3588          (a) the minor's address;
3589          (b) the minor's date of birth;
3590          (c) the name and address of the child's custodial parent or legal guardian, if different
3591     from the child; and
3592          (d) if there is a victim, the victim's name, address, and an estimate of loss, except that

3593     this information shall be removed from the documents the minor receives.
3594          [(5)] (6) A citation received by the court beyond the time designated in Subsection
3595     [(2)](3) shall include a written explanation for the delay.
3596          [(6) In accordance with Section 53G-8-211, the following offenses may be sent to the
3597     juvenile court as a citation:]
3598          [(a) violations of wildlife laws;]
3599          [(b) violations of boating laws;]
3600          [(c) violations of curfew laws;]
3601          [(d) any class B misdemeanor or less traffic violations where the person is under the
3602     age of 16;]
3603          [(e) any class B or class C misdemeanor or infraction;]
3604          [(f) any other infraction or misdemeanor as designated by general order of the Board of
3605     Juvenile Court Judges; and]
3606          [(g) violations of Section 76-10-105 subject to the jurisdiction of the juvenile court.]
3607          (7) A minor offense, as defined [under] in Section 78A-6-1202, alleged to have been
3608     committed by an enrolled child on school property or related to school attendance, may only be
3609     sent to the [prosecutor] prosecuting attorney or the [juvenile] court in accordance with Section
3610     53G-8-211.
3611          (8) An inquiry shall be conducted:
3612          (a) by the prosecutor to determine upon reasonable belief that:
3613          (i) the charges are supported by probable cause;
3614          (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
3615     doubt; and
3616          (iii) the decision to charge is in the interests of justice; and
3617          (b) if appropriate, by the court under Section 78A-6-117.
3618          [(9) Subsection (5) may not apply to a runaway child.]
3619          [(10)] (9) (a) A minor receiving a citation described in this section shall appear at the

3620     juvenile court designated in the citation on the time and date specified in the citation or when
3621     notified by the juvenile court.
3622          (b) A citation may not require a minor to appear sooner than five days following [its]
3623     the citation's issuance.
3624          [(11)] (10) A minor who receives a citation and willfully fails to appear before the
3625     juvenile court pursuant to a citation may be found in contempt of court. The court may proceed
3626     against the minor as provided in Section 78A-6-1101.
3627          [(12)] (11) When a citation is issued under this section, bail may be posted and
3628     forfeited under Section 78A-6-113 with the consent of:
3629          (a) the court; and
3630          (b) if the minor is a child, the parent or legal guardian of the child cited.
3631          Section 53. Section 78A-6-703.1 is enacted to read:
3632          78A-6-703.1. Definitions.
3633          As used in this part:
3634          (1) "Qualifying offense" means an offense described in Subsection 78A-6-703.3(1) or
3635     (2)(b).
3636          (2) "Separate offense" means any offense that is not a qualifying offense.
3637          Section 54. Section 78A-6-703.2 is enacted to read:
3638          78A-6-703.2. Criminal information for a minor in district court.
3639          (1) If a prosecuting attorney charges a minor with aggravated murder under Section
3640     76-5-202 or murder under Section 76-5-203, the prosecuting attorney shall file a criminal
3641     information in the district court if the minor was the principal actor in an offense and the
3642     information alleges:
3643          (a) the minor was 16 or 17 years old at the time of the offense; and
3644          (b) the offense for which the minor is being charged is:
3645          (i) Section 76-5-202, aggravated murder; or
3646          (ii) Section 76-5-203, murder.

3647          (2) If the prosecuting attorney files a criminal information in the district court in
3648     accordance with Subsection (1), the district court shall try the minor as an adult, except:
3649          (a) the minor is not subject to a sentence of death in accordance with Subsection
3650     76-3-206(2)(b); and
3651          (b) the minor is not subject to a sentence of life without parole in accordance with
3652     Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
3653          (3) Except for a minor who is subject to the authority of the Board of Pardons and
3654     Parole, a minor shall be held in a juvenile detention facility until the district court determines
3655     where the minor will be held until the time of trial if:
3656          (a) the minor is 16 or 17 years old; and
3657          (b) the minor is arrested for aggravated murder or murder.
3658          (4) In considering where a minor will be detained until the time of trial, the district
3659     court shall consider:
3660          (a) the age of the minor;
3661          (b) the nature, seriousness, and circumstances of the alleged offense;
3662          (c) the minor's history of prior criminal acts;
3663          (d) whether detention in a juvenile detention facility will adequately serve the need for
3664     community protection pending the outcome of any criminal proceedings;
3665          (e) the relative ability of the facility to meet the needs of the minor and protect the
3666     public;
3667          (f) the physical maturity of the minor;
3668          (g) the current mental state of the minor as evidenced by relevant mental health or a
3669     psychological assessment or screening that is made available to the court; and
3670          (h) any other factors that the court considers relevant.
3671          (5) A minor ordered to a juvenile detention facility under Subsection (4) shall remain
3672     in the facility:
3673          (a) until released by the district court; or

3674          (b) if convicted, until sentencing.
3675          (6) If a minor is held in a juvenile detention facility under Subsection (4), the court
3676     shall:
3677          (a) advise the minor of the right to bail; and
3678          (b) set initial bail in accordance with Title 77, Chapter 20, Bail.
3679          (7) If the minor ordered to a juvenile detention facility under Subsection (4) attains the
3680     age of 18 years, the minor shall be transferred within 30 days to an adult jail until:
3681          (a) released by the district court judge; or
3682          (b) if convicted, sentencing.
3683          (8) If a minor is ordered to a juvenile detention facility under Subsection (4) and the
3684     minor's conduct or condition endangers the safety or welfare of others in the juvenile detention
3685     facility, the court may find that the minor shall be detained in another place of confinement
3686     considered appropriate by the court, including a jail or an adult facility for pretrial confinement.
3687          (9) If a minor is charged for aggravated murder or murder in the district court under
3688     this section, and all charges for aggravated murder or murder result in an acquittal, a finding of
3689     not guilty, or a dismissal:
3690          (a) the juvenile court gains jurisdiction over all other offenses committed by the minor;
3691     and
3692          (b) the Division of Juvenile Justice Services gains jurisdiction over the minor.
3693          Section 55. Section 78A-6-703.3 is enacted to read:
3694          78A-6-703.3. Criminal information for a minor in juvenile court.
3695          Notwithstanding Section 78A-6-602.5, if a prosecuting attorney charges a minor with a
3696     felony, the prosecuting attorney may file a criminal information in the court if the minor was a
3697     principal actor in an offense and the information alleges:
3698          (1) (a) the minor was 16 or 17 years old at the time of the offense; and
3699          (b) the offense for which the minor is being charged is a felony violation of:
3700          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;

3701          (ii) Section 76-5-202, attempted aggravated murder;
3702          (iii) Section 76-5-203, attempted murder;
3703          (iv) Section 76-5-302, aggravated kidnapping;
3704          (v) Section 76-5-405, aggravated sexual assault;
3705          (vi) Section 76-6-103, aggravated arson;
3706          (vii) Section 76-6-203, aggravated burglary;
3707          (viii) Section 76-6-302, aggravated robbery;
3708          (ix) Section 76-10-508.1, felony discharge of a firearm; or
3709          (x) an offense other than an offense listed in Subsections (1)(b)(i) through (ix)
3710     involving the use of a dangerous weapon:
3711          (A) if the offense would be a felony had an adult committed the offense; and
3712          (B) the minor has been previously adjudicated or convicted of an offense involving the
3713     use of a dangerous weapon that would have been a felony if committed by an adult; or
3714          (2) (a) the minor was 14 or 15 years old at the time of the offense; and
3715          (b) the offense for which the minor is being charged is a felony violation of:
3716          (i) Section 76-5-202, aggravated murder or attempted aggravated murder; or
3717          (ii) Section 76-5-203, murder or attempted murder.
3718          Section 56. Section 78A-6-703.4 is enacted to read:
3719          78A-6-703.4. Extension of juvenile court jurisdiction -- Procedure.
3720          (1) At the time that a prosecuting attorney charges a minor who is 14 years old or older
3721     with a felony, either party may file a motion to extend the juvenile court's continuing
3722     jurisdiction over the minor's case until the minor is 25 years old if:
3723          (a) the minor was the principal actor in the offense; and
3724          (b) the petition or criminal information alleges a felony violation of:
3725          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
3726          (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
3727          (iii) Section 76-5-203, murder or attempted murder;

3728          (iv) Section 76-5-302, aggravated kidnapping;
3729          (v) Section 76-5-405, aggravated sexual assault;
3730          (vi) Section 76-6-103, aggravated arson;
3731          (vii) Section 76-6-203, aggravated burglary;
3732          (viii) Section 76-6-302, aggravated robbery;
3733          (ix) Section 76-10-508.1, felony discharge of a firearm; or
3734          (x) (A) an offense other than the offenses listed in Subsections (1)(b)(i) through (ix)
3735     involving the use of a dangerous weapon that would be a felony if committed by an adult; and
3736          (B) the minor has been previously adjudicated or convicted of an offense involving the
3737     use of a dangerous weapon that would have been a felony if committed by an adult.
3738          (2) (a) Notwithstanding Subsection (1), either party may file a motion to extend the
3739     court's continuing jurisdiction after a determination by the court that the minor will not be
3740     bound over to the district court under Section 78A-6-703.5.
3741          (3) The court shall make a determination on a motion under Subsection (1) or (2) at the
3742     time of disposition.
3743          (4) The court shall extend the continuing jurisdiction over the minor's case until the
3744     minor is 25 years old if the court finds, by a preponderance of the evidence, that extending
3745     continuing jurisdiction is in the best interest of the minor and the public.
3746          (5) In considering whether it is in the best interest of the minor and the public for the
3747     court to extend jurisdiction over the minor's case until the minor is 25 years old, the court shall
3748     consider and base the court's decision on:
3749          (a) whether the protection of the community requires an extension of jurisdiction
3750     beyond the age of 21;
3751          (b) the extent to which the minor's actions in the offense were committed in an
3752     aggressive, violent, premeditated, or willful manner;
3753          (c) the minor's mental, physical, educational, trauma, and social history; and
3754          (d) the criminal record and previous history of the minor.

3755          (6) The amount of weight that each factor in Subsection (5) is given is in the court's
3756     discretion.
3757          (7) (a) The court may consider written reports and other materials relating to the
3758     minor's mental, physical, educational, trauma, and social history.
3759          (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
3760     the court shall require the person preparing the report or other material to appear and be subject
3761     to both direct and cross-examination.
3762          (8) A minor may testify under oath, call witnesses, cross-examine witnesses, and
3763     present evidence on the factors described in Subsection (5).
3764          Section 57. Section 78A-6-703.5 is enacted to read:
3765          78A-6-703.5. Preliminary hearing.
3766          (1) If a prosecuting attorney files a criminal information in accordance with Section
3767     78A-6-703.3, the court shall conduct a preliminary hearing to determine whether a minor
3768     should be bound over to the district court for a qualifying offense.
3769          (2) At the preliminary hearing under Subsection (1), the prosecuting attorney shall have
3770     the burden of establishing:
3771          (a) probable cause to believe that a qualifying offense was committed and the minor
3772     committed that offense; and
3773          (b) by a preponderance of the evidence, that it is contrary to the best interests of the
3774     minor and the public for the juvenile court to retain jurisdiction over the offense.
3775          (3) In making a determination under Subsection (2)(b), the court shall consider and
3776     make findings on:
3777          (a) the seriousness of the qualifying offense and whether the protection of the
3778     community requires that the minor is detained beyond the amount of time allowed under
3779     Subsection 78A-6-117(2)(h), or beyond the age of continuing jurisdiction that the court may
3780     exercise under Section 78A-6-703.4;
3781          (b) the extent to which the minor's actions in the qualifying offense were committed in

3782     an aggressive, violent, premeditated, or willful manner;
3783          (c) the minor's mental, physical, educational, trauma, and social history;
3784          (d) the criminal record or history of the minor; and
3785          (e) the likelihood of the minor's rehabilitation by the use of services and facilities that
3786     are available to the court.
3787          (4) The amount of weight that each factor in Subsection (3) is given is in the court's
3788     discretion.
3789          (5) (a) The court may consider any written report or other material that relates to the
3790     minor's mental, physical, educational, trauma, and social history.
3791          (b) Upon request by the minor, the minor's parent, guardian, or other interested party,
3792     the court shall require the person preparing the report, or other material, under Subsection
3793     (5)(a) to appear and be subject to direct and cross-examination.
3794          (6) At the preliminary hearing under Subsection (1), a minor may testify under oath,
3795     call witnesses, cross-examine witnesses, and present evidence on the factors described in
3796     Subsection (3).
3797          (7) (a) A proceeding before the court related to a charge filed under this part shall be
3798     conducted in conformity with the Utah Rules of Juvenile Procedure.
3799          (b) Title 78B, Chapter 22, Indigent Defense Act, and Section 78A-6-115 are applicable
3800     to the preliminary hearing under this section.
3801          (8) If the court finds that the prosecuting attorney has met the burden of proof under
3802     Subsection (2), the court shall bind the minor over to the district court to be held for trial.
3803          (9) (a) If the court finds that a qualifying offense has been committed by a minor, but
3804     the prosecuting attorney has not met the burden of proof under Subsection (2)(b), the court
3805     shall:
3806          (i) proceed upon the criminal information as if the information were a petition under
3807     Section 78A-6-602.5;
3808          (ii) release or detain the minor in accordance with Section 78A-6-113; and

3809          (iii) proceed with an adjudication for the minor in accordance with this chapter.
3810          (b) If the court finds that the prosecuting attorney has not met the burden under
3811     Subsection (2) to bind a minor over to the district court, the prosecuting attorney may file a
3812     motion to extend the court's continuing jurisdiction over the minor's case until the minor is 25
3813     years old in accordance with Section 78A-6-703.4.
3814          (10) (a) A prosecuting attorney may charge a minor with a separate offense in the same
3815     criminal information as the qualifying offense if the qualifying offense and separate offense
3816     arise from a single criminal episode.
3817          (b) If the prosecuting attorney charges a minor with a separate offense as described in
3818     Subsection (10)(a):
3819          (i) the prosecuting attorney shall have the burden of establishing probable cause to
3820     believe that the separate offense was committed and the minor committed the separate offense;
3821     and
3822          (ii) if the prosecuting attorney establishes probable cause for the separate offense under
3823     Subsection (10)(b)(i) and the court binds the minor over to the district court for the qualifying
3824     offense, the court shall also bind the minor over for the separate offense to the district court.
3825          (11) If a grand jury indicts a minor for a qualifying offense:
3826          (a) the prosecuting attorney does not need to establish probable cause under Subsection
3827     (2)(a) for the qualifying offense and any separate offense included in the indictment; and
3828          (b) the court shall proceed with determining whether the minor should be bound over
3829     to the district court for the qualifying offense and any separate offense included in the
3830     indictment in accordance with Subsections (2)(b) and (3).
3831          (12) If a minor is bound over to the district court, the court shall:
3832          (a) issue a criminal warrant of arrest;
3833          (b) advise the minor of the right to bail; and
3834          (c) set initial bail in accordance with Title 77, Chapter 20, Bail.
3835          (13) (a) At the time that a minor is bound over to the district court, the court shall make

3836     an initial determination on where the minor is held until the time of trial.
3837          (b) In determining where a minor is held until the time of trial, the court shall consider:
3838          (i) the age of the minor;
3839          (ii) the minor's history of prior criminal acts;
3840          (iii) whether detention in a juvenile detention facility will adequately serve the need for
3841     community protection pending the outcome of any criminal proceedings;
3842          (iv) the relative ability of the facility to meet the needs of the minor and protect the
3843     public;
3844          (v) the physical maturity of the minor;
3845          (vi) the current mental state of the minor as evidenced by relevant mental health or
3846     psychological assessments or screenings that are made available to the court; and
3847          (vii) any other factors that the court considers relevant.
3848          (14) If the court orders a minor to be detained in a juvenile detention facility under
3849     Subsection (13), the minor shall remain in the facility:
3850          (a) until released by a district court; or
3851          (b) if convicted, until sentencing.
3852          (15) If the court orders the minor to be detained in a juvenile detention facility under
3853     Subsection (13) and the minor attains the age of 18 while detained at the facility, the minor
3854     shall be transferred within 30 days to an adult jail to remain:
3855          (a) until released by the district court; or
3856          (b) if convicted, until sentencing.
3857          (16) Except as provided in Subsection (17) and Section 78A-6-705, if a minor is bound
3858     over to the district court under this section, the jurisdiction of the Division of Juvenile Justice
3859     Services and the juvenile court over the minor is terminated for the qualifying offense and any
3860     other separate offense for which the minor is bound over.
3861          (17) If a minor is bound over to the district court for a qualifying offense and the
3862     qualifying offense results in an acquittal, a finding of not guilty, or a dismissal:

3863          (a) the juvenile court regains jurisdiction over any separate offense committed by the
3864     minor; and
3865          (b) the Division of Juvenile Justice Services regains jurisdiction over the minor.
3866          Section 58. Section 78A-6-703.6 is enacted to read:
3867          78A-6-703.6. Criminal proceedings for a minor bound over to district court.
3868          (1) If the juvenile court binds a minor over to the district court in accordance with
3869     Section 78A-6-703.5, the prosecuting attorney shall try the minor as if the minor is an adult in
3870     the district court except:
3871          (a) the minor is not subject to a sentence of death in accordance with Subsection
3872     76-3-206(2)(b); and
3873          (b) the minor is not subject to a sentence of life without parole in accordance with
3874     Subsection 76-3-206(2)(b) or 76-3-207.5(3) or Section 76-3-209.
3875          (2) A minor who is bound over to the district court to answer as an adult is not entitled
3876     to a preliminary hearing in the district court.
3877          (3) (a) If a minor is bound over to the district court by the juvenile court, the district
3878     court may reconsider the juvenile court's decision under Subsection 78A-6-703.5(13) as to
3879     where the minor is being held until trial.
3880          (b) If the district court reconsiders the juvenile court's decision as to where the minor is
3881     held, the district court shall consider and make findings on:
3882          (i) the age of the minor;
3883          (ii) the minor's history of prior criminal acts;
3884          (iii) whether detention in a juvenile detention facility will adequately serve the need for
3885     community protection pending the outcome of any criminal proceedings;
3886          (iv) the relative ability of the facility to meet the needs of the minor and protect the
3887     public;
3888          (v) the physical maturity of the minor;
3889          (vi) the current mental state of the minor as evidenced by relevant mental health or

3890     psychological assessments or screenings that are made available to the court; and
3891          (vii) any other factors the court considers relevant.
3892          (4) A minor who is ordered to a juvenile detention facility under Subsection (3) shall
3893     remain in the facility:
3894          (a) until released by a district court; or
3895          (b) if convicted, until sentencing.
3896          (5) If the district court orders the minor to be detained in a juvenile detention facility
3897     under Subsection (3) and the minor attains the age of 18 while detained at the facility, the
3898     minor shall be transferred within 30 days to an adult jail to remain:
3899          (a) until released by the district court; or
3900          (b) if convicted, until sentencing.
3901          (6) If a minor is bound over to the district court and detained in a juvenile detention
3902     facility, the district court may order the minor be detained in another place of confinement that
3903     is considered appropriate by the district court, including a jail or other place of pretrial
3904     confinement for adults if the minor's conduct or condition endangers the safety and welfare of
3905     others in the facility.
3906          (7) If the district court obtains jurisdiction over a minor under Section 78A-6-703.5,
3907     the district court is not divested of jurisdiction for a qualifying offense or a separate offense
3908     listed in the criminal information when the minor is allowed to enter a plea to, or is found
3909     guilty of, another offense in the same criminal information.
3910          Section 59. Section 78A-6-704 is amended to read:
3911          78A-6-704. Appeals from bind over proceedings.
3912          (1) A minor may, as a matter of right, appeal from[: (a)] an order of the juvenile court
3913     binding the minor over to the district court [as a serious youth offender pursuant to Section
3914     78A-6-702; or (b) an order of the juvenile court, after certification proceedings pursuant to
3915     Section 78A-6-703, directing that the minor be held for criminal proceedings in the district
3916     court.] under Section 78A-6-703.5.

3917          (2) The [prosecution] prosecuting attorney may, as a matter of right, appeal [from: (a)]
3918     an order of the juvenile court that a minor charged [as a serious youth offender pursuant to
3919     Section 78A-6-702 be held for trial] in accordance with Section 78A-6-703.3 will be
3920     adjudicated in the juvenile court[; or].
3921          [(b) a refusal by the juvenile court, after certification proceedings pursuant to Section
3922     78A-6-703, to order that a minor be held for criminal proceedings in the district court.]
3923          Section 60. Section 78A-6-705 is amended to read:
3924          78A-6-705. Youth prison commitment.
3925          (1) (a) Before sentencing a minor, who [is under the jurisdiction of the district court
3926     under Section 78A-6-701, 78A-6-702, or 78A-6-703] was bound over to the district court
3927     under Section 78A-6-703.5 to be tried as an adult, to prison the district court shall request a
3928     report from the Division of Juvenile Justice Services regarding the potential risk to other
3929     [juveniles] minors if the minor were to be committed to the custody of the [division] Division
3930     of Juvenile Justice Services.
3931          (b) The [division] Division of Juvenile Justice Services shall submit the requested
3932     report to the district court as part of the pre-sentence report or as a separate report.
3933          (2) If, after receiving the report described in Subsection (1), the district court
3934     determines that probation is not appropriate and commitment to prison is an appropriate
3935     sentence, the district court shall order the minor committed to prison and the minor shall be
3936     provisionally housed in a secure facility operated by the Division of Juvenile Justice Services
3937     until the minor reaches 18 years [of age] old, unless released earlier from incarceration by the
3938     Board of Pardons and Parole.
3939          (3) The district court may order the minor committed directly to the custody of the
3940     Department of Corrections if the court finds that:
3941          (a) the minor would present an unreasonable risk to others while in the [division's]
3942     custody of the Division of Juvenile Justice Services;
3943          (b) the minor has previously been committed to a prison for adult offenders; or

3944          (c) housing the minor in a secure facility operated by the Division of Juvenile Justice
3945     Services would be contrary to the interests of justice.
3946          (4) (a) The Division of Juvenile Justice Services shall adopt procedures by rule,
3947     [pursuant to] in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3948     regarding the transfer of a minor provisionally housed in a division facility under Subsection
3949     (2) to the custody of the Department of Corrections.
3950          (b) If, in accordance with [those rules] the rules adopted under Subsection (4)(a), the
3951     [division] Division of Juvenile Justice Services determines that housing the minor in a division
3952     facility presents an unreasonable risk to others or that it is not in the best interest of the minor,
3953     [it] the Division of Juvenile Justice Services shall transfer the physical custody of the minor to
3954     the Department of Corrections.
3955          (5) (a) When a minor is committed to prison but ordered by a district court to be
3956     housed in a Division of Juvenile Justice Services facility under this section, the district court
3957     and the [division] Division of Juvenile Justice Services shall immediately notify the Board of
3958     Pardons and Parole so that the minor may be scheduled for a hearing according to board
3959     procedures.
3960          (b) If a minor who is provisionally housed in a [division] Division of Juvenile Justice
3961     Services facility under this section has not been paroled or otherwise released from
3962     incarceration by the time the minor reaches 18 years [of age, the division] old, the Division of
3963     Juvenile Justice Services shall as soon as reasonably possible, but not later than when the
3964     minor reaches 18 years and 6 months [of age] old, transfer the minor to the physical custody of
3965     the Department of Corrections.
3966          (6) Upon the commitment of a minor to the custody of the Division of Juvenile Justice
3967     Services or the Department of Corrections under this section, the Board of Pardons and Parole
3968     has authority over the minor for purposes of parole, pardon, commutation, termination of
3969     sentence, remission of fines or forfeitures, orders of restitution, and all other purposes
3970     authorized by law.

3971          (7) The Youth Parole Authority may hold hearings, receive reports, or otherwise keep
3972     informed of the progress of a minor in the custody of the Division of Juvenile Justice Services
3973     under this section and may forward to the Board of Pardons and Parole any information or
3974     recommendations concerning the minor.
3975          (8) Commitment of a minor under this section is a prison commitment for all
3976     sentencing purposes.
3977          Section 61. Section 78A-6-1107 is amended to read:
3978          78A-6-1107. Transfer of continuing jurisdiction to other district.
3979          (1) [Jurisdiction over] If a minor is on probation or under protective supervision, or [of
3980     a minor who is otherwise] under the continuing jurisdiction of the court, [may be transferred by
3981     the court] the court may transfer the minor's case to [the] a court of another district, if the
3982     receiving court consents, or upon direction of the chair of the Board of Juvenile Court Judges.
3983          (2) The receiving court has the same powers with respect to the minor that it would
3984     have if the proceedings originated in that court.
3985          Section 62. Section 78A-6-1108 is amended to read:
3986          78A-6-1108. New hearings authorized -- Grounds and procedure.
3987          (1) A parent, guardian, [or] custodian, or attorney of [any] a child adjudicated under
3988     this chapter, [or any] a minor who is at least 18 years old, or an adult affected by a decree in a
3989     proceeding under this chapter[,] may at any time petition the court for a new hearing on the
3990     ground that new evidence [which] has been discovered that:
3991          (a) was not known [and];
3992          (b) could not with due diligence have been made available at the original hearing; and
3993     [which]
3994          (c) might affect the decree[, has been discovered].
3995          (2) If it appears to the court that there is new evidence [which] that might affect [its]
3996     the court's decree, [it] the court shall order a new hearing, enter a decree, and make any
3997     disposition of the case warranted by all the facts and circumstances and the best interests of the

3998     minor.
3999          (3) This section does not apply to a minor's case handled under [the provisions of
4000     Section 78A-6-702] Part 7, Transfer of Jurisdiction.
4001          Section 63. Section 78A-7-106 is amended to read:
4002          78A-7-106. Jurisdiction.
4003          (1) [Justice courts have] Except as otherwise provided by Subsection 78A-5-102(8), a
4004     justice court has original jurisdiction over class B and C misdemeanors, violation of
4005     ordinances, and infractions committed within [their] the justice court's territorial jurisdiction by
4006     [a person] an individual who is 18 years [of age] old or older.
4007          (2) [Except those offenses over which the juvenile court has exclusive jurisdiction,
4008     justice courts have] Except for an offense for which the juvenile court or the district court has
4009     exclusive jurisdiction under Subsection 78A-5-102(10) or 78A-6-103(3), a justice court has
4010     original jurisdiction over the following offenses committed within [their] the justice court's
4011     territorial jurisdiction by [a person] an individual who is 16 or 17 years [of age] old:
4012          (a) class C misdemeanor and infraction violations of Title 53, Chapter 3, Part 2, Driver
4013     Licensing Act; and
4014          (b) class B and C misdemeanor and infraction violations of:
4015          (i) Title 23, Wildlife Resources Code of Utah;
4016          (ii) Title 41, Chapter 1a, Motor Vehicle Act;
4017          (iii) Title 41, Chapter 6a, Traffic Code, except Title 41, Chapter 6a, Part 5, Driving
4018     Under the Influence and Reckless Driving ;
4019          (iv) Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
4020     Operators Act;
4021          (v) Title 41, Chapter 22, Off-Highway Vehicles;
4022          (vi) Title 73, Chapter 18, State Boating Act, except Section 73-18-12;
4023          (vii) Title 73, Chapter 18a, Boating - Litter and Pollution Control;
4024          (viii) Title 73, Chapter 18b, Water Safety; and

4025          (ix) Title 73, Chapter 18c, Financial Responsibility of Motorboat Owners and
4026     Operators Act.
4027          [(3) As used in this section, "the court's jurisdiction" means the territorial jurisdiction
4028     of a justice court.]
4029          [(4)] (3) An offense is committed within the territorial jurisdiction of a justice court if:
4030          (a) conduct constituting an element of the offense or a result constituting an element of
4031     the offense occurs within the court's jurisdiction, regardless of whether the conduct or result is
4032     itself unlawful;
4033          (b) either [a person] an individual committing an offense or a victim of an offense is
4034     located within the court's jurisdiction at the time the offense is committed;
4035          (c) either a cause of injury occurs within the court's jurisdiction or the injury occurs
4036     within the court's jurisdiction;
4037          (d) [a person] an individual commits any act constituting an element of an inchoate
4038     offense within the court's jurisdiction, including an agreement in a conspiracy;
4039          (e) [a person] an individual solicits, aids, or abets, or attempts to solicit, aid, or abet
4040     another [person] individual in the planning or commission of an offense within the court's
4041     jurisdiction;
4042          (f) the investigation of the offense does not readily indicate in which court's
4043     jurisdiction the offense occurred, and:
4044          (i) the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft
4045     passing within the court's jurisdiction;
4046          (ii) (A) the offense is committed on or in any body of water bordering on or within this
4047     state if the territorial limits of the justice court are adjacent to the body of water; and
4048          (B) as used in Subsection [(4)] (3)(f)(ii)(A), "body of water" includes any stream, river,
4049     lake, or reservoir, whether natural or man-made;
4050          (iii) [a person] an individual who commits theft exercises control over the affected
4051     property within the court's jurisdiction; or

4052          (iv) the offense is committed on or near the boundary of the court's jurisdiction;
4053          (g) the offense consists of an unlawful communication that was initiated or received
4054     within the court's jurisdiction; or
4055          (h) jurisdiction is otherwise specifically provided by law.
4056          [(5) A] (4) If in a criminal case the defendant is 16 or 17 years old, a justice court
4057     judge may transfer [a criminal matter in which the defendant is a child] the case to the juvenile
4058     court for further proceedings if the justice court judge determines and the juvenile court
4059     concurs that the best interests of the [minor] defendant would be served by the continuing
4060     jurisdiction of the juvenile court[, subject to Section 78A-6-602].
4061          [(6)] (5) Justice courts have jurisdiction of small claims cases under Title 78A, Chapter
4062     8, Small Claims Courts, if a defendant resides in or the debt arose within the territorial
4063     jurisdiction of the justice court.
4064          Section 64. Section 78B-6-105 is amended to read:
4065          78B-6-105. District court venue -- Jurisdiction of juvenile court -- Jurisdiction
4066     over nonresidents -- Time for filing.
4067          (1) Adoption proceedings shall be commenced by filing a petition with the clerk of the
4068     district court either:
4069          (a) in the district where the prospective adoptive parent resides;
4070          (b) if the prospective adoptive parent is not a resident of this state, in the district where:
4071          (i) the adoptee was born;
4072          (ii) the adoptee resides on the day on which the petition is filed; or
4073          (iii) a parent of the proposed adoptee resides on the day on which the petition is filed;
4074     or
4075          (c) with the juvenile court as provided in Subsection 78A-6-103[(1)](2).
4076          (2) All orders, decrees, agreements, and notices in the proceedings shall be filed with
4077     the clerk of the court where the adoption proceedings were commenced under Subsection (1).
4078          (3) A petition for adoption:

4079          (a) may be filed before the birth of a child;
4080          (b) may be filed before or after the adoptee is placed in the home of the petitioner for
4081     the purpose of adoption; and
4082          (c) shall be filed no later than 30 days after the day on which the adoptee is placed in
4083     the home of the petitioners for the purpose of adoption, unless:
4084          (i) the time for filing has been extended by the court; or
4085          (ii) the adoption is arranged by a child-placing agency in which case the agency may
4086     extend the filing time.
4087          (4) (a) If a person whose consent for the adoption is required under Section 78B-6-120
4088     or 78B-6-121 cannot be found within the state, the fact of the minor's presence within the state
4089     shall confer jurisdiction on the court in proceedings under this chapter as to such absent person,
4090     provided that due notice has been given in accordance with the Utah Rules of Civil Procedure.
4091          (b) The notice may not include the name of:
4092          (i) a prospective adoptive parent; or
4093          (ii) an unmarried mother without her consent.
4094          (5) Service of notice as provided in Subsection (6) shall vest the court with jurisdiction
4095     over the person served in the same manner and to the same extent as if the person served was
4096     served personally within the state.
4097          (6) In the case of service outside the state, service completed not less than five days
4098     before the time set in the notice for appearance of the person served shall be sufficient to confer
4099     jurisdiction.
4100          (7) Computation of periods of time not otherwise set forth in this section shall be made
4101     in accordance with the Utah Rules of Civil Procedure.
4102          Section 65. Repealer.
4103          This bill repeals:
4104          Section 78A-6-701, Jurisdiction of district court.
4105          Section 78A-6-702, Serious youth offender -- Procedure.

4106          Section 78A-6-703, Certification hearings -- Juvenile court to hold preliminary
4107     hearing -- Factors considered by juvenile court for waiver of jurisdiction to district court.
4108          Section 66. Effective date.
4109          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2020.
4110          (2) The actions affecting Section 76-10-105 (Effective 07/01/20) take effect on July 1,
4111     2020.
4112          Section 67. Coordinating H.B. 384 with H.B. 262 -- Substantive and technical
4113     amendments -- Omitting substantive changes.
4114          If this H.B. 384 and H.B. 262, Juvenile Delinquency Amendments, both pass and
4115     become law, it is the intent of the Legislature that the Office of Legislative Research and
4116     General Counsel shall prepare the Utah Code database for publication as follows:
4117          (1) by amending Subsection 76-10-105(2) (Superseded 07/01/20) to read:
4118          "(2) Any person under the age of 18 who buys or attempts to buy, accepts, or has in the
4119     person's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is subject
4120     to [the jurisdiction of the juvenile court and subject to Section 78A-6-602] a citation under
4121     Section 78A-6-603, unless the violation is committed on school property under Section
4122     53G-8-211. If a violation under this section is adjudicated under Section 78A-6-117, the minor
4123     may be subject to the following:
4124          (a) a fine or penalty, in accordance with Section 78A-6-117; and
4125          (b) participation in a court-approved tobacco education program, which may include a
4126     participation fee.";
4127          (2) by amending Subsection 76-10-105(2) (Effective 07/01/20) to read:
4128          "(2) (a) An individual under the age of 18 who buys or attempts to buy, accepts, or has
4129     in the individual's possession any cigar, cigarette, electronic cigarette, or tobacco in any form is
4130     subject to [the jurisdiction of the juvenile court and subject to Section 78A-6-602] a citation
4131     under Section 78A-6-603, unless the violation is committed on school property under Section
4132     53G-8-211.

4133          (b) If a violation under this section is adjudicated under Section 78A-6-117, the minor
4134     may be subject to the following:
4135          [(a)] (i) a fine or penalty, in accordance with Section 78A-6-117; and
4136          [(b)] (ii) participation in a court-approved tobacco education program, which may
4137     include a participation fee.";
4138          (3) by making the amendments to Section 78A-6-105 in this bill supersede the
4139     amendments to Section 78A-6-105 in H.B. 262;
4140          (4) by making the amendments to Section 78A-6-116 in this bill supersede the
4141     amendments to Section 78A-6-116 in H.B. 262;
4142          (5) by changing the reference in Subsection 78A-6-117(2)(j)(viii) from Section
4143     "78A-6-602" to Section "78A-6-602.5";
4144          (6) by amending Section 78A-6-601 to read:
4145          "78A-6-601. Criminal proceedings involving minors -- Transfer to juvenile court
4146     -- Exceptions.
4147          [(1) If, during the pendency of a criminal or quasi-criminal proceeding in another court,
4148     including a preliminary hearing, it is determined that the person charged is under 21 years of
4149     age and was less than 18 years of age at the time of committing the alleged offense, that court
4150     shall transfer the case to the juvenile court, together with all the papers, documents, and
4151     transcripts of any testimony except as provided in Sections 78A-6-701, 78A-6-702, and
4152     78A-6-703.]
4153          (1) (a) If while a criminal or quasi-criminal proceeding is pending, a district court or
4154     justice court determines that an individual being charged is under 21 years old and was younger
4155     than 18 years old at the time of committing the alleged offense, the district court or justice
4156     court shall transfer the case to the juvenile court with all the papers, documents, and transcripts
4157     of any testimony.
4158          (b) (i) Notwithstanding Subsection (1)(a), a district court may not transfer an offense
4159     that is:

4160          (A) filed in the district court in accordance with Section 78A-6-703.2; or
4161          (B) transferred to the district court in accordance with Section 78A-6-703.5.
4162          (ii) Notwithstanding Subsection (1)(a), a justice court may decline to transfer an
4163     offense for which the justice court has original jurisdiction under Subsection 78A-7-106(2).
4164          (2) (a) [The] Except as provided in Subsection (2)(b), the district court or justice court
4165     making the transfer shall:
4166          (i) order the [person] individual to be taken immediately to the juvenile court or to a
4167     place of detention designated by the juvenile court[, or shall]; or
4168          (ii) release [him] the individual to the custody of [his] the individual's parent or
4169     guardian, or other person legally responsible for [him] the individual, to be brought before the
4170     juvenile court at a time designated by [it] the juvenile court. [The]
4171          (b) If the alleged offense under Subsection (1) occurred before the individual was 12
4172     years old:
4173          (i) the district court or justice court making the transfer shall release the individual to
4174     the custody of the individual's parent or guardian, or other person legally responsible for the
4175     individual;
4176          (ii) the juvenile court shall treat the transfer as a referral under Subsection
4177     78A-6-602(3); and
4178          (iii) the juvenile court's probation department shall make a preliminary inquiry to
4179     determine whether the individual is eligible for a nonjudicial adjustment in accordance with
4180     Section 78A-6-602.
4181          (c) If the case is transferred to the juvenile court under this section, the juvenile court
4182     shall [then proceed as provided in] proceed in accordance with this chapter.
4183          (3) A district court or justice court does not have to transfer a case under Subsection
4184     (1) if the district court or justice court would have had jurisdiction over the case at the time the
4185     individual committed the offense in accordance with Subsections 78A-6-102(9) and
4186     78A-7-106(2).";

4187          (7) by amending Section 78A-6-602 to read:
4188          "78A-6-602. Referrals -- Nonjudicial adjustments.
4189          [(1) A proceeding in a minor's case is commenced by petition, except as provided in
4190     Sections 78A-6-701, 78A-6-702, and 78A-6-703.]
4191          (1) As used in this section, "referral" means a formal referral, a referral to the court
4192     under Section 53G-8-211 or Subsection 78A-6-601(2)(b), or a citation issued to a minor for
4193     which the court receives notice under Section 78A-6-603.
4194          (2) (a) A peace officer, or a public official of the state, a county, city, or town charged
4195     with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral
4196     with the [juvenile] court within 10 days of a minor's arrest.
4197          (b) If the arrested minor is taken to a detention facility, [the formal referral shall be
4198     filed] the peace officer, or public official, shall file the formal referral with the [juvenile] court
4199     within [72 hours, excluding weekends and holidays. A formal referral under Section
4200     53G-8-211 may not be filed with the juvenile court on an offense unless the offense is subject
4201     to referral under Section 53G-8-211.] 24 hours.
4202          [(b) (i) When the court is informed by a peace officer or other person that a minor is or
4203     appears to be within the court's jurisdiction, the probation department shall make a preliminary
4204     inquiry to determine whether the minor is eligible to enter into a written consent agreement
4205     with the probation department and, if the minor is a child, the minor's parent, guardian, or
4206     custodian for the nonjudicial adjustment of the case pursuant to this Subsection (2).]
4207          (c) A peace officer, public official, school district, or school may only make a referral
4208     to the court under Section 53G-8-211 for an offense that is subject to referral under Section
4209     53G-8-211.
4210          (3) If the court receives a referral for a minor who is, or appears to be, within the
4211     court's jurisdiction, the court's probation department shall make a preliminary inquiry in
4212     accordance with Subsections (5), (6), and (7) to determine whether the minor is eligible to enter
4213     into a nonjudicial adjustment.

4214          (4) If a minor is referred to the court for multiple offenses arising from a single
4215     criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the
4216     court's probation department shall offer the minor one nonjudicial adjustment for all offenses
4217     arising from the single criminal episode.
4218          (5) (a) The court's probation department may:
4219          (i) conduct a validated risk and needs assessment; and
4220          (ii) request that a prosecuting attorney review a referral in accordance with Subsection
4221     (11) if:
4222          (A) the results of the validated risk and needs assessment indicate the minor is high
4223     risk; or
4224          (B) the results of the validated risk and needs assessment indicate the minor is
4225     moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5,
4226     Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.
4227          (b) If a minor violates Section 41-6a-502, the minor shall:
4228          (i) undergo a drug and alcohol screening;
4229          (ii) if found appropriate by the screening, participate in an assessment; and
4230          (iii) if warranted by the screening and assessment, follow the recommendations of the
4231     assessment.
4232          (6) Except as provided in Subsection (7)(b), the probation department shall request that
4233     a prosecuting attorney review a referral in accordance with Subsection (11) if:
4234          (a) the referral involves:
4235          (i) a felony offense; or
4236          (ii) a violation of:
4237          (A) Section 41-6a-502, driving under the influence;
4238          (B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
4239     serious bodily injury;
4240          (C) Section 76-5-206, negligent homicide;

4241          (D) Section 76-9-702.1, sexual battery;
4242          (E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
4243     shotgun on or about school premises; or
4244          (F) Section 76-10-509, possession of a dangerous weapon by minor, but only if the
4245     dangerous weapon is a firearm;
4246          (b) the minor has a current suspended order for custody under Subsection
4247     78A-6-117(5)(a); or
4248          (c) the referral involves an offense alleged to have occurred before an individual was
4249     12 years old and the offense is a felony violation of:
4250          (i) Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
4251          (ii) Section 76-5-202, aggravated murder or attempted aggravated murder;
4252          (iii) Section 76-5-203, murder or attempted murder;
4253          (iv) Section 76-5-302, aggravated kidnapping;
4254          (v) Section 76-5-405, aggravated sexual assault;
4255          (vi) Section 76-6-103, aggravated arson;
4256          (vii) Section 76-6-203, aggravated burglary;
4257          (viii) Section 76-6-302, aggravated robbery; or
4258          (ix) Section 76-10-508.1, felony discharge of a firearm.
4259          [(ii)] (7) (a) Except as provided in [Subsection (2)(k)] Subsections (5) and (6), the
4260     court's probation department shall offer a nonjudicial adjustment to a minor if the minor:
4261          [(A)] (i) is referred [with a] for an offense that is a misdemeanor, infraction, or status
4262     offense;
4263          [(B)] (ii) has no more than two prior adjudications; and
4264          [(C)] (iii) has no more than three prior unsuccessful nonjudicial adjustment attempts.
4265          (b) If the court receives a referral for an offense that is alleged to have occurred before
4266     an individual was 12 years old, the court's probation department shall offer a nonjudicial
4267     adjustment to the individual, unless the referral includes an offense described in Subsection

4268     (6)(c).
4269          (c) (i) For purposes of determining a minor's eligibility for a nonjudicial adjustment
4270     under this Subsection (7), the court's probation department shall treat all offenses arising out of
4271     a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial
4272     adjustment.
4273          (ii) For purposes of determining a minor's eligibility for a nonjudicial adjustment under
4274     this Subsection (7), the court's probation department shall treat all offenses arising out of a
4275     single criminal episode that resulted in one or more prior adjudications as a single adjudication.
4276          [(iii) For purposes of this Subsection (2)(b), an adjudication or nonjudicial adjustment
4277     means an action based on a single episode of conduct that is closely related in time and is
4278     incident to an attempt or an accomplishment of a single objective.]
4279          [(c) (i) Within seven days of receiving a referral that appears to be eligible for a
4280     nonjudicial adjustment pursuant to Subsection (2)(b), the probation department shall provide
4281     an initial notice to reasonably identifiable and locatable victims of the offense contained in the
4282     referral.]
4283          [(ii) The victim shall be responsible to provide to the division upon request:]
4284          [(A) invoices, bills, receipts, and other evidence of injury, loss of earnings, and
4285     out-of-pocket loss;]
4286          [(B) documentation and evidence of compensation or reimbursement from insurance
4287     companies or agencies of Utah, any other state, or federal government received as a direct
4288     result of the crime for injury, loss of earnings, or out-of-pocket loss; and]
4289          [(C) proof of identification, including home and work address and telephone numbers.]
4290          [(iii) The inability, failure, or refusal of the victim to provide all or part of the
4291     requested information shall result in the probation department determining restitution based on
4292     the best information available.]
4293          [(d) (i) Notwithstanding Subsection (2)(b), the probation department may conduct a
4294     validated risk and needs assessment and may request that the prosecutor review the referral

4295     pursuant to Subsection (2)(h) to determine whether to dismiss the referral or file a petition
4296     instead of offering a nonjudicial adjustment if:]
4297          [(A) the results of the assessment indicate the youth is high risk; or]
4298          [(B) the results of the assessment indicate the youth is moderate risk and the referral is
4299     for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or
4300     Title 76, Chapter 9, Part 7, Miscellaneous Provisions.]
4301          [(ii)] (d) Except as provided in Subsection [(2)(k)] (6), the court's probation department
4302     may offer a nonjudicial adjustment to [any other] a minor who does not meet the criteria
4303     provided in Subsection [(2)(b)] (7)(a).
4304          [(iii) Acceptance of an offer of nonjudicial adjustment may not be predicated on an
4305     admission of guilt.]
4306          (8) For a nonjudicial adjustment, the court's probation department may require a minor
4307     to:
4308          (a) pay a financial penalty of no more than $250 to the juvenile court, subject to the
4309     terms established under Subsection (10)(c);
4310          (b) pay restitution to any victim;
4311          (c) complete community or compensatory service;
4312          (d) attend counseling or treatment with an appropriate provider;
4313          (e) attend substantive abuse treatment or counseling;
4314          (f) comply with specified restrictions on activities or associations;
4315          (g) attend victim-offender mediation if requested by the victim; and
4316          (h) comply with any other reasonable action that is in the interest of the minor, the
4317     community, or the victim.
4318          (9) (a) Within seven days of receiving a referral that appears to be eligible for a
4319     nonjudicial adjustment in accordance with Subsection (7), the court's probation department
4320     shall provide an initial notice to reasonably identifiable and locatable victims of the offense
4321     contained in the referral.

4322          (b) The victim shall be responsible to provide to the probation department upon
4323     request:
4324          (i) invoices, bills, receipts, and any other evidence of injury, loss of earnings, and
4325     out-of-pocket loss;
4326          (ii) documentation and evidence of compensation or reimbursement from an insurance
4327     company or an agency of the state, any other state, or the federal government received as a
4328     direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
4329          (iii) proof of identification, including home and work address and telephone numbers.
4330          (c) The inability, failure, or refusal of the victim to provide all or part of the requested
4331     information shall result in the probation department determining restitution based on the best
4332     information available.
4333          (10) (a) The court's probation department may not predicate acceptance of an offer of a
4334     nonjudicial adjustment on an admission of guilt.
4335          [(iv)] (b) [A minor may not be denied] The court's probation department may not deny
4336     a minor an offer of nonjudicial adjustment due to [an] a minor's inability to pay a financial
4337     penalty under Subsection [(2)(e)] (8).
4338          (c) The court's probation department shall base a fee, fine, or the restitution for a
4339     nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as
4340     determined by a statewide sliding scale developed in accordance with Section 63M-7-208 on or
4341     after July 1, 2018.
4342          [(v) Efforts to effect a] (d) A nonjudicial adjustment may not extend for [a period of]
4343     more than 90 days [without leave of a judge of the court, who may extend the period], unless a
4344     juvenile court judge extends the nonjudicial adjustment for an additional 90 days.
4345          (e) (i) Notwithstanding Subsection (10)(d), a juvenile court judge may extend a
4346     nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor
4347     who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under
4348     Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a

4349     sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed
4350     before the minor was 12 years old, if the judge determines that:
4351          (A) the nonjudicial adjustment requires specific treatment for the sexual offense;
4352          (B) the treatment cannot be completed within 180 days after the day on which the
4353     minor entered into the nonjudicial adjustment; and
4354          (C) the treatment is necessary based on a clinical assessment that is developmentally
4355     appropriate for the minor.
4356          (ii) If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection
4357     (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the
4358     treatment under this Subsection (10)(e), but the judge may only grant each extension for 90
4359     days at a time.
4360          (f) If a minor violates Section 76-10-105, the minor may be required to pay a fine or
4361     penalty and participate in a court-approved tobacco education program with a participation fee.
4362          [(vi) A prosecutor may not file a petition against a minor unless:]
4363          [(A) the minor does not qualify for nonjudicial adjustment under Subsection (2)(b) or
4364     (d)(ii);]
4365          [(B) the minor declines nonjudicial adjustment;]
4366          [(C) the minor fails to substantially comply with the conditions agreed upon as part of
4367     the nonjudicial adjustment;]
4368          [(D) the minor fails to respond to the probation department's inquiry regarding
4369     eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
4370     preliminary inquiry; or]
4371          [(E) the prosecutor is acting under Subsection (2)(k).]
4372          [(e) The nonjudicial adjustment of a case may include the following conditions agreed
4373     upon as part of the nonjudicial closure:]
4374          [(i) payment of a financial penalty of not more than $250 to the juvenile court subject
4375     to the terms established under Subsection (2)(f);]

4376          [(ii) payment of victim restitution;]
4377          [(iii) satisfactory completion of community or compensatory service;]
4378          [(iv) referral to an appropriate provider for counseling or treatment;]
4379          [(v) attendance at substance use disorder programs or counseling programs;]
4380          [(vi) compliance with specified restrictions on activities and associations;]
4381          [(vii) victim-offender mediation, if requested by the victim; and]
4382          [(viii) other reasonable actions that are in the interest of the child or minor, the
4383     community, and the victim.]
4384          [(f) A fee, fine, or restitution included in a nonjudicial closure in accordance with
4385     Subsection (2)(e) shall be based upon the ability of the minor's family to pay as determined by
4386     a statewide sliding scale developed as provided in Section 63M-7-208 on and after July 1,
4387     2018.]
4388          [(g)] (11) If a [prosecutor learns of a referral involving an offense identified in
4389     838 Subsection (2)(k), if] prosecuting attorney is requested to review a referral in accordance
4390     with Subsection (5) or (6), a minor fails to substantially comply with [the conditions] a
4391     condition agreed upon as part of the nonjudicial [closure] adjustment, or [if] a minor is not
4392     offered or declines a nonjudicial adjustment [pursuant to Subsection (2)(b), (2)(d)(ii), or
4393     (2)(d)(vi), the prosecutor shall review the case and take one of the following actions:] in
4394     accordance with Subsection (7), the prosecuting attorney shall:
4395          (a) review the case; and
4396          (b) (i) dismiss the case;
4397          (ii) refer the case back to the probation department for a new attempt at nonjudicial
4398     adjustment; or
4399          (iii) [subject to Subsection (2)(i)] except as provided in Subsections (12)(b), (13), and
4400     78A-6-602.5(2), file a petition with the court.
4401          [(h) Notwithstanding Subsection (2)(g), a petition may only be filed]
4402          (12) (a) A prosecuting attorney may file a petition only upon reasonable belief that:

4403          (i) the charges are supported by probable cause;
4404          (ii) admissible evidence will be sufficient to support adjudication beyond a reasonable
4405     doubt; and
4406          (iii) the decision to charge is in the interests of justice.
4407          [(i)] (b) Failure to pay a fine or fee may not serve as a basis for filing of a petition
4408     under Subsection [(2)(g)(iii)] (11)(b)(iii) if the minor has substantially complied with the other
4409     conditions agreed upon in accordance with Subsection [(2)(e) or those] (8) or conditions
4410     imposed through any other court diversion program.
4411          [(j) Notwithstanding Subsection (2)(i), a violation of Section 76-10-105 that is subject
4412     to the jurisdiction of the juvenile court may include a fine or penalty and participation in a
4413     court-approved tobacco education program, which may include a participation fee.]
4414          [(k) Notwithstanding the other provisions of this section, the probation department
4415     shall request that a prosecutor review a referral in accordance with Subsection (2)(g) if:]
4416          [(i) the referral involves a violation of:]
4417          [(A) Section 41-6a-502, driving under the influence;]
4418          [(B) Section 76-5-112, reckless endangerment creating a substantial risk of death or
4419     serious bodily injury;]
4420          [(C) Section 76-5-206, negligent homicide;]
4421          [(D) Section 76-9-702.1, sexual battery;]
4422          [(E) Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled
4423     shotgun on or about school premises; or]
4424          [(F) Section 76-10-509, possession of dangerous weapon by minor, but only if the
4425     dangerous weapon is a firearm; or]
4426          [(ii) the minor has a current suspended order for custody under Subsection
4427     78A-6-117(5)(a).]
4428          (13) A prosecuting attorney may not file a petition against a minor unless:
4429          (a) the prosecuting attorney has statutory authority to file the petition under Section

4430     78A-6-602.5; and
4431          (b) (i) the minor does not qualify for a nonjudicial adjustment under Subsection (7);
4432          (ii) the minor declines a nonjudicial adjustment;
4433          (iii) the minor fails to substantially comply with the conditions agreed upon as part of
4434     the nonjudicial adjustment;
4435          (iv) the minor fails to respond to the probation department's inquiry regarding
4436     eligibility for or an offer of a nonjudicial adjustment after being provided with notice for
4437     preliminary inquiry; or
4438          (v) the prosecuting attorney is acting under Subsection (11).
4439          [(l)] (14) If the [prosecutor] prosecuting attorney files a petition in court or a
4440     proceeding is commenced against a minor under Section 78A-6-603, the court may refer the
4441     case to the probation department for another offer of nonjudicial adjustment.
4442          [(m) If a minor violates Section 41-6a-502, regardless of whether a prosecutor reviews
4443     a referral under Subsection (2)(k)(i)(A), the minor shall be subject to a drug and alcohol
4444     screening and participate in an assessment, if found appropriate by the screening, and if
4445     warranted, follow the recommendations of the assessment.]
4446          [(3) Except as provided in Sections 78A-6-701 and 78A-6-702, in the case of a minor
4447     14 years of age or older, the county attorney, district attorney, or attorney general may
4448     commence an action by filing a criminal information and a motion requesting the juvenile court
4449     to waive its jurisdiction and certify the minor to the district court.]
4450          [(4) (a) In cases of violations of wildlife laws, boating laws, class B and class C
4451     misdemeanors, other infractions or misdemeanors as designated by general order of the Board
4452     of Juvenile Court Judges, and violations of Section 76-10-105 subject to the jurisdiction of the
4453     juvenile court, a petition is not required and the issuance of a citation as provided in Section
4454     78A-6-603 is sufficient to invoke the jurisdiction of the court. A preliminary inquiry in
4455     accordance with Subsection (2)(b)(i) is required.]
4456          [(b) Any failure to comply with the time deadline on a formal referral may not be the

4457     basis of dismissing the formal referral.]";
4458          (8) by deleting Subsection 78A-6-602.5(3) enacted by H.B. 262; and
4459          (9) by making the amendments to Section 78A-6-603 in H.B. 262 supersede the
4460     amendments to Section 78A-6-603 in this bill.
4461          Section 68. Coordinating H.B. 384 with H.B. 291 -- Substantive and technical
4462     amendments.
4463          If this H.B. 384 and H.B. 291, Human Trafficking Amendments, both pass and become
4464     law, it is the intent of the Legislature that the amendments to Section 76-10-1302 in H.B. 291
4465     supersede the amendments to Section 76-10-1302 in this bill when the Office of Legislative
4466     Research and General Counsel prepares the Utah Code database for publication.